shared private road
Options
elGringo
Posts: 3 Newbie
Hi All,
I am really struggling to get definitive answers regarding insurance of a private road and wonder could someone here help.
There are several properties on a shared private road whereby each has joint ownership (and its not well defined such that property X owns part Y of the road - its just simply shared i guess like several people can own e.g. a field).
They are old properties and according to the deeds no one is legally bound to insure or maintain the road even though it would be in their best interests.
Googling about and calling up some insurers i keep hearing that in order to insure the road for public liability it has to be insured jointly (normally through a residents association etc). No one seems to offer insurance for individuals to only insure themselves. As far as i can tell that effectively means that unless we can convince everyone to take part then we simply cannot insure the road. In other words what if I am the only one who wants to insure the road? I cant seem insure myself for my portion of the liablity (e.g. if someone trips) and also if no one else wants to take part (the road has never been insured in the past) then i also can't take out joint insurance? In fact it would appear that if even only one resident has no interest then similarly we cant insure it?
I always thought that you could insure yourself against any risk in the world as long as you are prepared to pay the premium.
Is there anyway for one person if they are prepared to stump up all the cash to just go ahead and buy insurance cover effectively for everyone?
I know i will be advised to go talk to the neighbors or start a residents association but i'd like to know if its possible to find yourself in limbo with a liability hanging round your neck if other residents don't want to take part? I would love to be able to just approach a specialist insurer and say 'can i take out a personal insurance policy that means i am covered in the event of being sued for my part of the liability of this road'.
Thank you all !!!!
I am really struggling to get definitive answers regarding insurance of a private road and wonder could someone here help.
There are several properties on a shared private road whereby each has joint ownership (and its not well defined such that property X owns part Y of the road - its just simply shared i guess like several people can own e.g. a field).
They are old properties and according to the deeds no one is legally bound to insure or maintain the road even though it would be in their best interests.
Googling about and calling up some insurers i keep hearing that in order to insure the road for public liability it has to be insured jointly (normally through a residents association etc). No one seems to offer insurance for individuals to only insure themselves. As far as i can tell that effectively means that unless we can convince everyone to take part then we simply cannot insure the road. In other words what if I am the only one who wants to insure the road? I cant seem insure myself for my portion of the liablity (e.g. if someone trips) and also if no one else wants to take part (the road has never been insured in the past) then i also can't take out joint insurance? In fact it would appear that if even only one resident has no interest then similarly we cant insure it?
I always thought that you could insure yourself against any risk in the world as long as you are prepared to pay the premium.
Is there anyway for one person if they are prepared to stump up all the cash to just go ahead and buy insurance cover effectively for everyone?
I know i will be advised to go talk to the neighbors or start a residents association but i'd like to know if its possible to find yourself in limbo with a liability hanging round your neck if other residents don't want to take part? I would love to be able to just approach a specialist insurer and say 'can i take out a personal insurance policy that means i am covered in the event of being sued for my part of the liability of this road'.
Thank you all !!!!
0
Comments
-
What do the deeds say about who owns the road?
I have what may be called a "shared" drive but in fact I own the driveway and the other property owners have rights of access over certain bits of it as laid out in various deeds.
If anyone was injured due to my negligence in respect of keeping it maintained, I expect that my home insurers would pay out, in just the same way that if a piece of masonry fell off due to inadequate maintenance, they would pay out.We need the earth for food, water, and shelter.
The earth needs us for nothing.
The earth does not belong to us.
We belong to the Earth0 -
Why would you be liable for something that you neither own nor are responsible for?
More to the point, why would you want to insure something that you have no insurable interest in?0 -
If there was any liability attached to something like this, I'm pretty sure your home contents insurer would cover you for the resulting liability.0
-
If there was any liability attached to something like this, I'm pretty sure your home contents insurer would cover you for the resulting liability.
Really? Even although the 'premises' (private road) represents the ownership of land away/distinct from the insured home.
I would expect the ownership of property (other than the insured home) to be specifically excluded by most home policies, otherwise the home insurer could have all types of hidden liabilities, of which they have no knowledge.
DM0 -
If there was any liability attached to something like this, I'm pretty sure your home contents insurer would cover you for the resulting liability.
Mines excludes liability arising from ownership of land or buildings except my home. Home is defined as the building and outbuildings.
OP, set up an association - presumably you'll need it for maintenance and upkeep anyway. I would imagine that liability will be joint and several so it might not be possible just to insure your own liability as the joint and several part could make your insurer liable for the total cost of a claim.0 -
Hi All,
I am really struggling to get definitive answers regarding insurance of a private road and wonder could someone here help.
There are several properties on a shared private road whereby each has joint ownership (and its not well defined such that property X owns part Y of the road - its just simply shared i guess like several people can own e.g. a field).
They are old properties and according to the deeds no one is legally bound to insure or maintain the road even though it would be in their best interests.
Googling about and calling up some insurers i keep hearing that in order to insure the road for public liability it has to be insured jointly (normally through a residents association etc). No one seems to offer insurance for individuals to only insure themselves. As far as i can tell that effectively means that unless we can convince everyone to take part then we simply cannot insure the road. In other words what if I am the only one who wants to insure the road? I cant seem insure myself for my portion of the liablity (e.g. if someone trips) and also if no one else wants to take part (the road has never been insured in the past) then i also can't take out joint insurance? In fact it would appear that if even only one resident has no interest then similarly we cant insure it?
I always thought that you could insure yourself against any risk in the world as long as you are prepared to pay the premium.
Is there anyway for one person if they are prepared to stump up all the cash to just go ahead and buy insurance cover effectively for everyone?
I know i will be advised to go talk to the neighbors or start a residents association but i'd like to know if its possible to find yourself in limbo with a liability hanging round your neck if other residents don't want to take part? I would love to be able to just approach a specialist insurer and say 'can i take out a personal insurance policy that means i am covered in the event of being sued for my part of the liability of this road'.
Thank you all !!!!
There are policies available on the market for Public Liability of private roads/estates.
In theory, there is no reason why you couldn't insure this yourself......however:
- Unlikely you could insure for simply your percentage of potential liability. Bear in mind that, if there is no separate legal entity (i.e Management Company), potentially, each individual owner would be jointly and severally liable for anything that went wrong. A bit like a joint-name loan/mortgage.
- The policy should ideally be set up in the name of all persons who have a potential liability for the upkeep/maintenance of the road, and damage/injury occurring. However......
be careful before setting up a policy which contains the neighbours details without their knowledge, because there will almost certainly be a requirement for disclosure which would apply to all insured persons and/or directors, and the policy could be put in jeopardy if the details are not checked.
- You could potentially approach your current household insurer and ask if simply your share of potential liability could be included as an policy extension. Possibly/probably unlikely they will do this - depends on the insurer.
Going forward, the lack of official arrangements could potentially cause you issues with regards to maintenance of the common parts, which could affect the enjoyment of the road and/or future value.
Not quite straight forward. Possibly worth speaking with a knowledgable commercial insurer/broker
DM0 -
I might interpret it slightly differently - the road forms part of the property (but has joint ownership) - however every policy is going to be different - the policy I checked doesn't have an exclusion as above - but it does it insures liability arising from an incident occurring on land belonging to the home. I've only had a brief stint in handling liability claims though.
That said I hadn't considered the joint and several part which does complicate things.0 -
I might interpret it slightly differently - the road forms part of the property (but has joint ownership) - however every policy is going to be different - the policy I checked doesn't have an exclusion as above - but it does it insures liability arising from an incident occurring on land belonging to the home. I've only had a brief stint in handling liability claims though.
That said I hadn't considered the joint and several part which does complicate things.
I think there is a wider issue though. The land registry documents will almost certainly show the 'Insured Home' as being the extent of the land. The common grounds/road will probably be a completely separate plot of land. Therefore, as most policies will exclude liability for the ownership of land/property away from the insured home, I am pretty confident that there will be no cover in place.
The joint & several liability issue is certainly an issue, but it is probably the 2nd hurdle. The 1st hurdle (definition of the insured property - i.e Number 21 Letsby Avenue)is a bigger and more fundamental issue.
DM0 -
Wow. My question has generated quite a few responses.....thanks all !!
The way it works is that each house specifically owns the part of the road in front of their property but only up to halfway across the road. The rest of the road is the part that is jointly owned and could be considered as common between all the properties. The way I think it would work is that if a pot hole appeared in the shared part and someone had a fall and decided to sue, they would sue all home owners jointly. Each home owner would be liable for an equal proportion of any damages. Now, to me that means each of us has a clear and equal insurable interest and thus should be able to insure ourselves individually or collectively?
I just cant get my head around why this seems so complicated or strange if the deeds are clear that it is joint and equal ownership of the road. If it truly is the case that all equal owners MUST be part of any insurance then its pretty clear any one selfish owner can prevent it completely. Does anyone know if there is anyway i can just call up an insurance underwriter and organise a completely customised insurance policy that suits my needs?
Brain....melting....0 -
Wow. My question has generated quite a few responses.....thanks all !!
The way it works is that each house specifically owns the part of the road in front of their property but only up to halfway across the road. The rest of the road is the part that is jointly owned and could be considered as common between all the properties. The way I think it would work is that if a pot hole appeared in the shared part and someone had a fall and decided to sue, they would sue all home owners jointly. Each home owner would be liable for an equal proportion of any damages. Now, to me that means each of us has a clear and equal insurable interest and thus should be able to insure ourselves individually or collectively?
I just cant get my head around why this seems so complicated or strange if the deeds are clear that it is joint and equal ownership of the road. If it truly is the case that all equal owners MUST be part of any insurance then its pretty clear any one selfish owner can prevent it completely. Does anyone know if there is anyway i can just call up an insurance underwriter and organise a completely customised insurance policy that suits my needs?
Brain....melting....
It's not especially difficult, except that you are trying to insure a partial risk, when you actually have a potential joint & several liability for the entire road.
In other words, given what you have said, you would need to simply insure your liability for the whole road, because that is the risk.
Your own home policy will not cover this (unless they specifically agree) because your home policy will state the insured address, and this is simply the address plot that your home sits on. Unlikely that it will cover liability for the whole road, which is effectively the issue here.
So yes, very simple solution. Just insure your liability for the road/estate. You will need to fund the entire premium yourself unless you can persuade your neighbours to join in.
DM0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards