Who owns the road ?

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    Who owns the road ?

    I am buying a house which is at the end of a Private Road and I am trying to find out who owns the road outside the house.
    It is a Cul-de-sac, the Private Road terminates just past the house.
    The person who is selling the house bought it new in 1991 and has lived in it ever since.
    He bought it directly off the Builder (apparently a small developer)
    He says that "The builder owns the road" (in answer to my solicitors question)
    But that may be wrong.
    Originally the builder (A Limited Company) would have owned the area of the road together with the land of the houses.
    After the house was sold off there remained the area of the road which would have been retained by the Ltd Co.
    The Ltd Co was dissolved in 2006 according to Company Records.
    The part of the road, leading to the development is registered at the Land Registry but the remaining area of the road
    In front of the house is not registered as I have done a Land Registry Index Search.
    Can I assume that the road has no owner. ?
    Should I ask for some sort of indemnity regarding access rights etc.
    Any suggestions gratefully received.


    #2
    I suggest you make an appointment to visit your nearest Land Registry Office and ask the service officer to search for owner of the road at you house address.

    Comment


      #3
      OK, thanks I will try that.

      Comment


        #4
        Originally posted by Always Problems View Post
        OK, thanks I will try that.
        I think you have already done that: "The part of the road, leading to the development is registered at the Land Registry but the remaining area of the road In front of the house is not registered as I have done a Land Registry Index Search." If the road is not registered the Land Registry will not know who owns it. If the house was bought from a developer in 1991 it is entirely possible that the estate was not registered at the time. What local authority area is the property in?

        All land has to have an owner. If the developer was dissolved in 2006 the road probably belongs to the Crown*. Anyway, knowing who owns the road is not really something you really need to know. What you need to know is whether you have a right of way over it. Have a look at the property register of the title to the property. that should indicate set out the rights whoch go with the property.

        *There is though the possibility that part of the road was transferred with each house. The fact that the road is shown as unregistered is not conclusive that that it does not belong to the frontagers.

        Comment


          #5
          After this length of time surely the current owner has established a right of way to his property anyway? You do need to know who pays for repairs if the road is unadopted.

          Comment


            #6
            Originally posted by royw View Post
            After this length of time surely the current owner has established a right of way to his property anyway?
            I was going to say that, but I took 1991 away from 2020 and got 19 - probably because I have a problem believing that 1990 is 30 years ago. (In fact 19 years and one day is enough so long as, if the landowner subsequently bars the way, you start proceedings on the first day of the 21st year.)

            Comment


              #7
              What should also be reassuring is the effect of Section 62(2) Law of Property Act 1925 when asking about a right of way over an unregistered road with an unknown owner.
              62 General words implied in conveyances.

              (1)A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof.

              (2)A conveyance of land, having houses or other buildings thereon, shall be deemed to include and shall by virtue of this Act operate to convey, with the land, houses, or other buildings, all outhouses, erections, fixtures, cellars, areas, courts, courtyards, cisterns, sewers, gutters, drains, ways, passages, lights, watercourses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, houses, or other buildings conveyed, or any of them, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to, the land, houses, or other buildings conveyed, or any of them, or any part thereof.
              The right of way over the registered and unregistered parts of the road that provided the only way of accessing the house now owned by the Poster is now a legal right of way because of the wording used in Section 62(2), even if there was no mention in the Transfer deed that was used to complete the purchase of the house. Use for nearly 30 years was undoubtedly a use that was "appurtenant to, the land, houses, or other buildings conveyed,"

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