Adopting a road or driveway

madeinguernsey

Hi All,
We live in a very rural area in Cornwal and have a rough road (which is a dead end at present) which about five properties share for access. However we are trying to adopt it to ensure it remains as free access for the future for all of us. We (the residents of all five properties) currently, and have done for living memory, maintain the road ourselves by filling any potholes etc on an adhock basis. We are unable to establish who owns the land which has also created issues for water supply across it (as one should have the owner's consent). To complicate matters there is a public footpath running part way down the road. Does anyone have any advice on this topic, such as pit falls to avoid, or tips to prevent legal expence, which you could pass on. I leave this problem to the members.
Thanks
Brian. :T

bris

You may want to look into "adverse possession" this is where you can claim land you have used without permission for a number of years either 10 or 12 I think.

It is complex but the rule of thumb is that you have used and maintained the land without the owners permission for an uninterrupted passage of time.

Get your neighbours together to discuss and find out how to claim it if the timescale is right.

System

You can not claim adverse possession of a road as you can not gain n exclusive use of it. Also you are not occupying it, merely passing and repassing

Evidence

R (on the application of Smith) v The Land Registry (Peterborough Office) (2009)

In this case the claimant (a squatter) claimed title to land comprising part of a public highway on the basis that his caravan had been stationed on the land for more than 12 years. The Land Registry rejected the claim for first registration of title over the land. It stated: (1) as a matter of law, it is impossible to acquire title through adverse possession of a highway; (2) given that the land was subject to public rights of way, the squatter could not have been in possession of the land to the exclusion of all others. The squatter applied for judicial review of the decision. |

Although it mentions public highway it is still applicable to the unadopted road

Land_Registry

!!!!!! has covered the adverse possession angle for you so you may need to consider whether some sort of right of way exists and whether that is adequately protected. I suspect this is not an issue for you but posting as it may be of interest to others.

I would guess that it is already covered in some way as either a legal right registered on your title(s) or within any title deeds if unregistered. It would have been a key issue of any purchase of course if the road was not a public highway.

If not then you may have a prescriptive rights of some description whereby the right has been acquired over time through continuous use. The minimum period for such claims is 20 years use.

stevemLS

Try to get the local authority to include it on the "definitive map" as a public right of way.

EycplUK

Ask Madonna ! she is good at adoption stuff