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Unadopted roads shambles... Scotland

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I did search on unadopted roads on this forum and while ther are 1 or 2 threads none of them cover my problem.

This morning I received a letter from a local housing association which informed me that the roads and pathways around the scheme are not adopted by the council and remain the responsibility of the housing association. They have decided that some maintenance work is needed and are telling me that I will have to pay 1/256 th of the bill which they haven't worked out yet.

I did a wee bit of research today and found out that years ago many housing schemes were built by Scottish Homes to rent out. This company went bust and the schemes were handed over to housing associations who continued to rent the houses. Through time many of the houses have been bought up and are now owned privately.

I bought mine 2 years ago from previous owners. i checked my contract I signed and it seems to say that the roads and paths have been adopted, so I will need to ask my lawyer why that is.

Funny thing is the council come round and cut the grass, and sweep the streets. I'm sure I've seen the council filling in holes. The roads look normal and well maintained, there's even a bus route along one of them.

It's early days and I've not spoken to any neighbours yet, but I'm really worried about this. God knows what costs will be involved. Where does the private bit start and finish, what if some pay and others don't. Why were the roads not adopted right at the start when the scheme was first built like any other scheme. Will this affect me trying to sell my house.

The best thing would be to get the local authority to adopt the roads, they are in good condition just now, does anybody know if this can happen.

If I am forced to pay, how do I prevent being ripped off. How can any one house holder know that what they are being charged is fair and done to a proper standard, ie value for money.

Just seems like the start of a long nightmare.

Any advice appreciated.

Comments

  • seadee
    seadee Posts: 400 Forumite
    Can you find info on your local councils website as to what adoption involves?

    http://www.direct.gov.uk/en/Dl1/Directories/DevolvedAdministrations/DG_4003604
  • wassup
    wassup Posts: 60 Forumite
    Theres nothing about adoption of roads on the site but I can contact the roads department and ask for info. Thanks
  • wassup
    wassup Posts: 60 Forumite
    I'm in an ex Scottish Homes Scheme in the Falkirk Council Area. Previous owner bought it from Association, and I bought from them.

    The council cuts the grass and sweeps the roads. Lawyer didnt mention anything about maintaining roads, but I have emailed her about it. Will wait and see that one.
  • sexysam
    sexysam Posts: 58 Forumite
    As someone who works for the highways dept, I would say that unadopted roads are the responsibility of the residents who live in the street.

    All the residents can if they all agree ask the Council to adopt the highway. The cost of bringing the road to a decent standard would be met by the Council with residents paying a small amount.

    Anybody is free to ask their local council if the road where they live is adopted or unadopted. Council keeps record of every street that is adopted and for which they are responsible
  • wassup
    wassup Posts: 60 Forumite
    Thanks for the replies. I have since found out that the actual road has been adopted by the council, but not the car parks or the pathways around the scheme. I called the Housing Association and they told me that they have never before had to charge owners for any work like this because it's only now aftrer 30 or so years from being built that they think some work needs doing.

    I was told the invites to tender had already gone out to companies. When I asked when the tender had been advertised they said it was not advertised they just invited some companies they knew of to put a price in. I didn't like the sound of that.

    They also said that the existing residents who still rent from the association have the cost of repairs built into their rent. I didnt get an answer when I asked how they knew what rent to charge before the job was done or even priced. Perhaps they intend to put the rents up after the repairs I don't know.
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