Private Roads.

anotherbaldrick

I have a situation which is worrying me and I would like the thoughts of others.
Our road is a private road (unadopted ) but well surfaced. By virtue of the property deeds I own it and neighbours and legitimate visitors have the right of unobstructed access over it. Now, the road is on a slope and quiet and children from outside like to use the road for play and skateboarding. I have no problem with this but access to to the road is blind and some drivers come round the bottom bend fast.
I am worried that in the event of one of the kids getting hurt by falling or worse by a car that they would try to lodge a claim against me as road owner claiming it presented a danger to the children . Should I put up a notice stating it is private and that only legitimate users have access or that they access totally at their own risk ? At present there are no notices.

mikey72

anotherbaldrick wrote: »

I have a situation which is worrying me and I would like the thoughts of others.
Our road is a private road (unadopted ) but well surfaced. By virtue of the property deeds I own it and neighbours and legitimate visitors have the right of unobstructed access over it. Now, the road is on a slope and quiet and children from outside like to use the road for play and skateboarding. I have no problem with this but access to to the road is blind and some drivers come round the bottom bend fast.
I am worried that in the event of one of the kids getting hurt by falling or worse by a car that they would try to lodge a claim against me as road owner claiming it presented a danger to the children . Should I put up a notice stating it is private and that only legitimate users have access or that they access totally at their own risk ? At present there are no notices.

Take advice.
You may end up just advertising you know there is a risk, and then you are in danger of being negligent.

anotherbaldrick

mikey72 wrote: »

Take advice.
You may end up just advertising you know there is a risk, and then you are in danger of being negligent.

A risk to those who are trespassing ? The road was designed as an access not a play street and the design was part of the Councils approved planning submission. Where does my opinion figure in this ?

mikey72

It doesn't as far as the original post.
You asked for our opinions.

anotherbaldrick

Anybody got one then ??

Paradigm

To be honest I can't see what you're worrying about.

You didn't design or build the road just bought the house, I don't see how you could be liable for anything in the event of an accident?

I'd be leaving things as they are..... molehills & mountains spring to mind

Strider590

I can see where the OP is coming from, these days we love nothing more than to sue someone for injuries caused by our own stupidity.

You could get some sort of public liability insurance, then speak to the neighbours in the street and make a small yearly charge for access rights (if your allowed to).

Oh and don't forget, all private roads need signs saying "No U turns!!" half way down them

Alter_ego

anotherbaldrick wrote: »

A risk to those who are trespassing ??

Trespass is more than simply using a road. Some damage/loss must be involved.

Alter_ego

Paradigm wrote: »

To be honest I can't see what you're worrying about.

You didn't design or build the road just bought the house, I don't see how you could be liable for anything in the event of an accident?

I'd be leaving things as they are..... molehills & mountains spring to mind

The OP stated that he OWNS the road, owners can be liable in some circumstances.

alastairq

house insurance will have Public Liability cover...


apply to the Council to get the road adopted?

Another tack is to prevail upon the local Highways Authority [or local council] to acknowledge potential dangers where the 'private' road joins the public highway....and place warning signs on the public highway itself?

This may not totally prevent other road users from approaching the junction at excessive speeds....but if anything did happen, they may well find themselves facing 'careless' or 'dangerous' driving charges.....given that they fail to acknowledge proper road signs..

maninthestreet

If a car runs down a child, the claim would be against the car driver, not the road owner, surely?