private road & property owner's liability

gillhammer

hi, would appreciate some help with a query on my mum's behalf. She has lived on a private road for 45 years - a cul-de-sac - which until 25 years ago was unmade. Each of the 16 homeowners in the road have gradually tarmacced (sp?) their own frontage which has left quite a patchworked affair with all the joints between the different strips starting to pit and break away. It is a slow road with an informal 20 mph sign at the start (obviously not enforceable). With recent news in the press about homeowners being sued for damages by delivery men (eg Tesco & Asda last week) mum is worried that she could face a claim if anyone stumbled in the forming pothole on her stretch of the road. Her neighbour has filled in the holes with lose aggregate mix but this is soon washed away - he feels guilty as it's his large vehicles turning circles which has aggravated the erosion, but not guilty enough to help with a permanent fix.
I am of the opinion that mum's property owner's liability from her buildings policy should cover her (policy docs say up to £2million) should she need it, but she is worried that the road might not be covered. Any help appreciated as she is an elderly widow with enough to worry about without this too.

dacouch

Your mums Property Owners Liability (As will the other home owners) will only cover for damage caused by property that sits within the boundary of her home and for property she owns so the road will not be covered. If you get your mums Policy Booklet the first few pages will normally have definitions of words. You will find a definition of the home which will confirm the above

In these cases all of the homeowners normally purchase a joint Property Owners Policy to cover the road and verges. The annual cost of one of these policies is generally between £150 and £350. I generally place this type of policy through Inghams http://www.inghamunderwriting.com/

gillhammer

thanks for the reply, maybe I should have explained how her property is arranged.
If you imagine from North to South there is a garden area, then the road, then another garden then the house, then another garden. So the road is in effect sandwiched between her gardens. Don't know if this would make any difference as it falls within her curtilage

withabix

Good avice.

I used to live in a similar property and that's what we all did on our street.

It might be worth looking at the property deeds to see if there is anything about maintenance, but I suspect from what you have described (ie previously unmade road) that there won't be anything.

gillhammer

what happens if not all 16 homeowners agree to the cover and to split the policy - could mum act unilaterally just on her own behalf? Can't see them all cooperating.

dacouch

The best way to do it is they make up a Residents Association either informally or formally, obviously formally is best and as a limited company is best. You normally find there is a retired civil servant or army officer or the like (Read busy body) in one of the homes who love to do this type of job.

By the way putting up signs saying people use the road at their own risk have no legal standing

gillhammer

thanks for the replies. The house was built in the 1930's and the road was just bricks & rubble until about 1980ish (great as a kid for scrambling our bikes but not great for car suspensions) - so definately nothing in the deeds about maintenance etc.
I'll speak to ma about the type of policy you mention - I had a quick look on the link you posted but couldn't see the policy type you mentioned so I'll give them a call tomorrow to get some particulars.
Thanks again for your comments.

dacouch

You would need to ring them for a quote as this type of policy is not that run of the mill