Laying services over unowned road

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    Laying services over unowned road

    I have a planning permission to build some houses. The lower section of the road that they are on has no registered owners and our checks against the title deeds for the properties it goes past, the council land ownership and historic manorial ownerships have confirmed no record of ownership. The solicitor has suggested that we cannot lay services over this road without the permission of the frontagers as they effectively own the road. The road is unmade and it is our hope that we can lay services and then have the road made up to a good standard at our cost. Does anyone know if the solicitor is correct or if our doing this would be likely to end us up in court ?

    #2
    Why don't you ask on the Land Registry Forum?



    Freedom at the point of zero............

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      #3
      We did not have the same situation, but had to dig up the road, so they could pay the utilities. However, the utilities, did a nice job of improving the road, may be use them to do the whole road.... (assuming you can find the contractor and arrange before hand).

      Comment


        #4
        The solicitor has suggested that we cannot lay services over this road without the permission of the frontagers as they effectively own the road.
        The rebuttable legal presumption " ad medium filum viae" is that an owner with land adjoining a road owns up to the mid point of the road unless it is a public highway maintainable at the public expense when the Highway Authority will own the surface and a short distance below the surface.

        Evidence that ownership of an unmade road is not vested in the frontagers will have to be provided in any court action if the frontagers seek an injunction to prevent services being laid over the road.

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