Will the council repair my driveway?

Harvey's_Dad

After my wife & I bought our house last year, we discovered that the first few metres of the front garden were owned by the council; I think that it was a compulsory purchase by the council a few years ago to protect the trees that line the road.

Anyway, this land covers a portion our driveway, and the tarmac on the part that the council own is breaking up - leaving a pot hole on the drive.

Can I reasonably expect the council to repair that part of the driveway?

Andy

Debt_Free_Chick

Harvey's_Dad wrote:

Can I reasonably expect the council to repair that part of the driveway?

If the pothole is on the Council's land, then it's their responsibility. However, expect to "join the queue" of all the other potholes that need attention. And if this one is not on the public highway, it will go to the bottom of the list. Most Council's don't get enough money to do all the repairs they would like to do and money will firstly go to repairs on the public highway, usually for road safety reasons.

Are you sure that the Council bought the land. If they wanted to protect the trees, are you sure they didn't just put preservation orders on them?

Harvey's_Dad

Hi Debt_Free_Chick,

well, I'm fairly sure that the council owns that part of my garden because:

a) a chap from the council knocked on our front door and said something along the lines of:

"Just to let you know we'll be in the area soon to do some maintenance on the trees - so don't be surprized if someones on a ladder working on that tree."

followed by

"Oh, you didn't know that we owned the first 5 metres of your garden? See that line of blue / grey bricks on your drive? Well the council owns the bit up to there".

b) After digging out the plans to the house we just bought, I found a "dotted" line that corresponded to the 5 meters that I hadn't noticed before! I thought about complaining to my solicitor (why hadn't he pointed it out!), but to be honest with all the things we've been doing around the house and the arrival our new baby daughter a couple of months ago :smileyhea , I just haven't got around to it!


It sounds like it might be worth contacting the council though ...

Thanks for your comments,

Andy

flang

You have a service strip ( I assume the house is less than 10 years old?) Basically when they build a house some underground services are put in this strip so the footway isnt ripped up when replacing cables/pipes.
You can formally rent that piece of grass off the council via a section 142 agreement (i think) but if they need access to underground services they will pull up anything you planted!
As for the patch outside your house check at the landchanges section at your local council im pretty sure its public highway!

mrs_baggins

wasn't this picked up when you bought the house? surely any solictor would inform you if land was not yours and. if its just a TPO phone up your local council s tree officer and find out.

Harvey's_Dad

flang wrote:

You have a service strip ( I assume the house is less than 10 years old?) Basically when they build a house some underground services are put in this strip so the footway isnt ripped up when replacing cables/pipes.
You can formally rent that piece of grass off the council via a section 142 agreement (i think) but if they need access to underground services they will pull up anything you planted!
As for the patch outside your house check at the landchanges section at your local council im pretty sure its public highway!

Hi flang,

thanks for your comments. The house was built in 1967 so perhaps there isn't a service strip. When the chap from the council came around to inform me of the tree maintenance, he said that they (the council) pretty much let the house owners treat the land as their own (which I thought it was anyway ) - so I would guess that means I won't have to go to the trouble of a section 142 agreement?

As for checking the "landchanges section" at the council - what would this tell me? Is it only relevant if it's a new house?

Harvey's_Dad

mrs_baggins wrote:

wasn't this picked up when you bought the house? surely any solictor would inform you if land was not yours and. if its just a TPO phone up your local council s tree officer and find out.

Hi Mrs Baggins,

no, this was not highlighted to me when I bought the house; as you say I would have expected my solicitor to tell me!

The first time I was aware of it was when the council knocked on my door. I know that I should have contacted the solicitor who did the conveyancing, but I to be honest, I just haven't got around to it, and it has been just over a year now - perhaps too late now ...

I think I'll give the council a call and see what they say.

Many thanks for your comments.

flang

Hi Harvey,
The landcharges section at the county council hold records of all public highway.
I know you state that the part of the drive is highway but its worth checking as the council could turn round and say its your property!
Get a plan showing Public highway then you have proof that it is actually highway!!
If landcharges can't supply you with a drawing, try the Development Control section as they hold records for nearly every house in the area!

bunking_off

I've got a service strip across the front of my property, and the way it was explained to me when I purchased was that the land is mine, but I'm obliged to provide access plus must accept that anything that's planted there is a gonner should they need to dig it up. However, as the land is mine I'm still responsible for the maintenance of it in terms of mowing lawn etc....so if the OP's case is a service strip (and a dotted line on the deeds tends to indicate that) then they're responsible for the pot-hole.