Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • downshifter
    • By downshifter 10th Oct 16, 7:34 AM
    • 1,002Posts
    • 1,772Thanks
    downshifter
    How do you adopt a road?
    • #1
    • 10th Oct 16, 7:34 AM
    How do you adopt a road? 10th Oct 16 at 7:34 AM
    A friend has the only 2 houses on an unadopted road. We've tried to find out who owns it to no avail, it seems to be a bit of a no-mans land. It is in a really bad state as it is used as a 'cut through' by lots of local people but the council refuse to maintain it.

    My friend would like to adopt it and maintain it, but we can't find any info about how to do this. Can anyone advise please.

    Alternatively, is there a way of applying to have this road closed if it becomes a serious hazard?

    Thanks

    DS
Page 1
    • eddddy
    • By eddddy 10th Oct 16, 8:59 AM
    • 3,826 Posts
    • 3,471 Thanks
    eddddy
    • #2
    • 10th Oct 16, 8:59 AM
    • #2
    • 10th Oct 16, 8:59 AM
    My friend would like to adopt it and maintain it, but we can't find any info about how to do this. Can anyone advise please.
    Originally posted by downshifter
    If your friend maintains the road (and the land it is on) without challenge for 12 years, he/she might be able to claim it. Google 'adverse possession'

    Alternatively, is there a way of applying to have this road closed if it becomes a serious hazard?
    Originally posted by downshifter
    If it's a public right of way, it's very unlikely that you could close it and obstructing it would be a criminal offence,

    If there's no public right of way, it can be closed at any time.
    • davidmcn
    • By davidmcn 10th Oct 16, 9:04 AM
    • 3,835 Posts
    • 3,411 Thanks
    davidmcn
    • #3
    • 10th Oct 16, 9:04 AM
    • #3
    • 10th Oct 16, 9:04 AM
    There's no process for "adopting" a road unless you're a roads authority. If your friend wants to maintain it then I doubt anybody is going to stop them.
    • glasgowdan
    • By glasgowdan 10th Oct 16, 11:05 AM
    • 1,437 Posts
    • 1,532 Thanks
    glasgowdan
    • #4
    • 10th Oct 16, 11:05 AM
    • #4
    • 10th Oct 16, 11:05 AM
    If you put up a 10ft security fence with a remote operated gate and private property signs, you'll find out if it belongs to anyone or not.
    • Fuzzyness
    • By Fuzzyness 10th Oct 16, 11:26 AM
    • 510 Posts
    • 366 Thanks
    Fuzzyness
    • #5
    • 10th Oct 16, 11:26 AM
    • #5
    • 10th Oct 16, 11:26 AM
    to the OP, only the Highway Authority in your area can adopt a road and maintain it at the public's expense. you state in your post, they are not inclined to do. consequently the only way to maintain the road is as a private expense i.e. your friends'. maintaining a road as non-adoptable highway means it in effect becomes a private road, albeit that unless you prevent access to it somehow, others will still be able to use it. as others have said fencing it is bound to bring out of the woodwork those that have an interest in the land.
    • moneyistooshorttomention
    • By moneyistooshorttomention 10th Oct 16, 12:30 PM
    • 10,853 Posts
    • 30,573 Thanks
    moneyistooshorttomention
    • #6
    • 10th Oct 16, 12:30 PM
    • #6
    • 10th Oct 16, 12:30 PM
    I also doubt it's possible. "Adverse possession" wouldnt work either - as one of the criteria is "exclusive use" and there isn't exclusive use - as other motorists use it to drive through and can't be prevented from doing so.

    I'm puzzled what lies behind your friend wishing to even try to do something that would be a "millstone round her neck". For one thing - if she even tries to take it over then it would soon be clear to everyone just who had set themselves up as being the "owner" and they'd all know just whose door to knock on in the event of any potholes causing damage to their car.

    In your position - I must admit I would be questioning rather just why my friend wanted to do this - and whether she had realised the implications. It doesn't make sense to me..
    There are some truths that are - quite obviously - self-evident.

    What a pity that we can't all agree on the "It's obvious innit..." things in life...
    • bris
    • By bris 10th Oct 16, 12:39 PM
    • 6,137 Posts
    • 5,092 Thanks
    bris
    • #7
    • 10th Oct 16, 12:39 PM
    • #7
    • 10th Oct 16, 12:39 PM
    If the public from this estate have been using it for the last 20years then it has established a right of way and you cant close it off even if you wanted too.
    • downshifter
    • By downshifter 10th Oct 16, 2:15 PM
    • 1,002 Posts
    • 1,772 Thanks
    downshifter
    • #8
    • 10th Oct 16, 2:15 PM
    • #8
    • 10th Oct 16, 2:15 PM
    Thanks all. I think the main reason he wants to do this is for safety. There has already been some damage to cars and he doesn't want anyone hurt, including his own family. Or maybe get together with some others in the neighbourhood and set up a group to look after it, so it isn't one person's responsibility. Parish Council maybe? Not sure.

    Perhaps the next question should be - how do you buy a piece of land which seems not to be owned by anyone (according to Land Registry)? However if it has a right of way, then that might not be possible anyway.

    Is there anyone who might be able to give definitive/legal answers, we've tried the highways department but they're not very helpful.

    Thanks again DS
    • davidmcn
    • By davidmcn 10th Oct 16, 2:22 PM
    • 3,835 Posts
    • 3,411 Thanks
    davidmcn
    • #9
    • 10th Oct 16, 2:22 PM
    • #9
    • 10th Oct 16, 2:22 PM
    Thanks all. I think the main reason he wants to do this is for safety. There has already been some damage to cars and he doesn't want anyone hurt, including his own family. Or maybe get together with some others in the neighbourhood and set up a group to look after it, so it isn't one person's responsibility. Parish Council maybe? Not sure.

    Perhaps the next question should be - how do you buy a piece of land which seems not to be owned by anyone (according to Land Registry)? However if it has a right of way, then that might not be possible anyway.

    Is there anyone who might be able to give definitive/legal answers, we've tried the highways department but they're not very helpful.
    Originally posted by downshifter
    Why does he want to buy it? If all he wants is to maintain it then (in the absence of anyone shouting "get orf mai land!") he can fill in potholes etc if he wants. Possibly even has a right to, if he has a right of access.

    If he really wants to trace the owner then he probably needs to do some more digging around old title deeds to see who originally owned the road and/or the surrounding land. As said above, you can't really start adverse possession if there are people constantly driving through "your" land.
    • Seanymph
    • By Seanymph 10th Oct 16, 3:14 PM
    • 2,609 Posts
    • 16,862 Thanks
    Seanymph
    If he fixes it, then anyone suffering injury will land at his door.
    • Fuzzyness
    • By Fuzzyness 11th Oct 16, 8:51 AM
    • 510 Posts
    • 366 Thanks
    Fuzzyness
    . Or maybe get together with some others in the neighbourhood and set up a group to look after it, so it isn't one person's responsibility. Parish Council maybe? Not sure.
    Originally posted by downshifter
    my sister in law gains access to her house via an unmade road. their parish council arranges with the highway authority for old road planeings/shavings to be delivered to the end of the lane where the local residents then wheel barrow up to where they are needed to fill in the holes. i think they get a delivery of fill about once a year or so. thats in Cornwall if its any help.
    • bmthmark
    • By bmthmark 11th Oct 16, 9:23 AM
    • 130 Posts
    • 97 Thanks
    bmthmark
    Of course he can fix it, i'm sure no one will stop him. But he can't stop others from using it.
    • Davesnave
    • By Davesnave 11th Oct 16, 9:28 AM
    • 20,760 Posts
    • 83,642 Thanks
    Davesnave
    Thanks all. I think the main reason he wants to do this is for safety. There has already been some damage to cars and he doesn't want anyone hurt, including his own family.
    Originally posted by downshifter
    I think he's deluded if he thinks making the road less bumpy will increase safety. It will just enable rat-runners to go faster.

    When I lived in the city, there were a few extremely posh roads, which were used in extremis as cut-throughs by those of us with local knowledge and good suspension systems. The owners bordering those roads were financially well-able to maintain them, but wisely chose not to, being aware that any improvements would be rewarded by even greater rat-run status!
    'Only the mediocre are always at their best.' Jean Giraudoux
    • downshifter
    • By downshifter 11th Oct 16, 10:03 AM
    • 1,002 Posts
    • 1,772 Thanks
    downshifter
    It's very rural, definitely not a rat run, just used as a cut through to the main road by locals who live in the adjoining lane (cul de sac) as well as deliveries to the pub. Only short too. Nobody else would have any advantage by using it. He doesn't want to stop people, not at all, he's just concerned about their safety when they do and trying to sort out authority for making it safe.

    The idea suggested by Fuzzyness is great. We've also read some stuff about forming a 'management company' type of thing. Will chat with him about these options.

    Thanks again

    DS
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

48Posts Today

4,284Users online

Martin's Twitter
  • It's not fair or accurate to assign all leave voters (nor remainers) one voice. The vote may have been binary but t? https://t.co/QMqKrfY1jv

  • That's cos the UK voted for Brexit. The choice now unless something radical happens is what type. (Plus twitter o? https://t.co/SLmh2jL4bU

  • Todays twitter poll: The lib dem leader says more people now want soft brexit (ie still in single market etc) than hard - what do you want?

  • Follow Martin