private road/unadoped road

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    private road/unadoped road

    Hi All
    I bought my house last year and I was told by the solicitor that I would have to pay 1/7 of any repairs to a private/unadopted road @ the rear of my property, that leads to my and my neighbours garages all that was built in 1972. The other side of the private road had some garages that was rented out and they came into disrepair so the Council told the owner to repair them or sell the land that they were sitting on. The owner sold the land for redevelopment and the new owner got planning permission to build 2 detached houses and 3 town houses on the 2 detached house have driveways that you have to enter from another road but the 3 town houses have to use the private road @ the back of my property to get to their driveways. We have had all sorts of problems with the new owner of the land where the new builds are been built and now he has dug up the private road to get to the adopted road @ the end of the private road to connect water pipes and drains . We have NOT been able to use the private road now for 11 weeks so our cars have to be parked on the main road @ the front of our houses. The owner of the land where the new builds are said to me that he owns the private road ??? I have looked @ my deeds and all it says is that me and the other 6 houses have to pay 1/7 of any repairs to the private road. How can I find out if the owner of the new builds does owns the road and why would it say on my deeds that I have to pay 1/7 of any repairs if the private road is owned by somebody else.

    I live on a private road, we don't own or co-own it but we have a right of way and are responsible for a proportion of the repair costs - it is written into our deeds. It's not unreasonable as we use it.

    however it has caused real problems in the past with people unwilling to pay their share as they think they have a valid excuse not to.

    Presumably Land Registry will show who owns it.


      Thanks for your comments pebblepebble. I dont mind paying for any repairs to the road BUT for the last 10 weeks or so we haven't been able to use it because of the new drains been put in.I have just moved form a private road @ the back of the property we owned and like you not every body would pay their part so when we put tarmac on we went round there bit. I have been told to get in-touch with the Leeds City Council and see what they have to say.


        Sounds to me like this is a set of questions for a good solicitor. I appreciate they cost money, but a number of legal authorities and provisions will be checked by a good solicitor, to establish, not least, the following,

        1. Ownership of road.
        2. Rights and obligations of yourself, neighbours and owner.
        3. Case law of similar and current authorities which will guide you.
        4. Possible outcomes both in discussions with owner, and or in Court.

        We have a right over a path at present. The owner once told me she was "in dispute" with me about the right. I told her it was written in my Deeds. Her solicitor told me I had no right, then told me I had a restricted right! They then drew up a new Deed and asked me to sign it, which included restrictions and costs etc. I told them to do one, after checking the legal position with my solicitor.

        Important, my solicitor did point out that whatever the Deeds state, on the day of a court hearing it all comes down to the judge! He basically advised me that even if a Deed States your right to go from A to B, the judge may find it reasonable to uphold that you should go via C, thus making a judgment on the actual wording and meaning, and whether it can reasonably extend to something else.

        This therefore highlights why using a good solicitor is likely to be useful in your situation, as you don't want the owner of the road coming back at you with new restrictions, costs, etc, of the new / reinstated road!

        Cheers, Ghost.


          Thanks for that Ghost.
          I have just found out today that the said builder does own the road, but the land reg people did say that unless you and your neighbours agree and sign a new deeds agreement the owner does NOT and cannot change anything on your current agreement and if you want you and your neighbours could take legal action against him for preventing you using the road as it states in your deeds document for a unreasonable amount time ie 10 weeks + . The problem is he has sent us all a letter that we had to sign for giving us a update and he says the work will be completed in 2 weeks. I thank you for letting me know your views much appreciate.
          Thanks TIFF


            To find out whether there is a registered owner of the road all that needs to be done is to use the Land Registry web-site and print off a form SIM which is used for a Search of the Index Map.

            That form once completed and accompanied by a plan, that can be the title plan for the poster's property marked accordingly to identify the road and the developmant site, can be sent with a fee of £4 to Land Registry at the address shown on the web-site as the Citizens Centre Coventry.

            The search result will be posted back to the applicant with details of the road title, if it is registered land, as well as the title numbers for up to five adjacent properties that will incoude the development land if that was shown on the Search Plan.

            Using that information it costs £3 to buy a copy of a register of title and £3 for each title plan using the Search a Propetry facility on the Land Registry web-site.

            That would show what rights the land now being developed has over this private road if the search reveals that this road is not part of the land purchased for development.

            The deed that created a maintenance payment for the road would have been between two parties. If the current owner was not one of those parties then this positive covenant to pay maintenance did not run with the property that had been purchased. This was a contractual obligation and not an obligation that can be automatically passed on to any new buyer of the property.

            I would have investigated whether the developer has any right to lay services under the surface of this road, if that developer does not own the road.
            If he does not own the road then he is causing a trespass by stopping access to those people who have a right of way over it, as well as causing a trespass against the actual owner of the road by digging up property over which he had no right to do so.

            Undertaking some self-research that will cost just a few pounds is better advice than seeing a solicitor who will have to undertake the same research, but add on fees of several hundreds of pounds.


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