Unadopted road

jojo9239

I have emailed the solicitors this morning houses have sold on here no problem it's just one patch that is un adopted but we shall see what the outcome is

martindow

If it is a shared responsibility there is rarely agreement that anything needs to be done and the few who feel strongly end up paying. It's not really a problem as a few tons of chippings don't cost much and if you can get neighbours to help with the work of filling the worst holes that is good.

Is this road also used as a farm access? Tractors regularly going along it add to the wear so it becomes uneven much faster.

moneyistooshorttomention

jojo9239 wrote: »

I think the road is owned by the occupiers of the houses

As I've read the law - the legal assumption is that "frontagers" own out to the half way point of any road that is in front of their house (if its not known that there is a specific owner - be they Council or a private person).

Guess it's the half way point because of an assumption that there is a house opposite them - ie that would own the other half (even if there isnt).

But if there isn't a road in front of a house - then they don't own any road (unless they have bought a nearby road as part of their house purchase).

It gets confusing....:rotfl:

jojo9239

martindow wrote: »

If it is a shared responsibility there is rarely agreement that anything needs to be done and the few who feel strongly end up paying. It's not really a problem as a few tons of chippings don't cost much and if you can get neighbours to help with the work of filling the worst holes that is good.

Is this road also used as a farm access? Tractors regularly going along it add to the wear so it becomes uneven much faster.

No its a dead end street the bottom half is nice and tarmaced you can see it from the outside of ours here http://www.rightmove.co.uk/property-for-sale/property-42479457.html its not horrendous

Could we take indemnity insurance offer that as a solution its an investor that is buying it you see so I want to do as much as we can too keep things smooth x

eddddy

jojo9239 wrote: »

Could we take indemnity insurance offer that as a solution its an investor that is buying it you see so I want to do as much as we can too keep things smooth x

Indemnity insurance for what?

I suspect a big potential concern for the buyer will be who decides whether repairs are needed, and who pays for the repairs.

e.g. -
The road subsides and massive puddles form. The buyer wants the road levelled/repaired but nobody else is interested. Or conversely...

The neighbours start pressurising the buyer to contribute a few thousand for tarmacking the road, when the buyer doesn't think it's necessary.

jojo9239

eddddy wrote: »

Indemnity insurance for what?

I suspect a big potential concern for the buyer will be who decides whether repairs are needed, and who pays for the repairs.

e.g. -
The road subsides and massive puddles form. The buyer wants the road levelled/repaired but nobody else is interested. Or conversely...

The neighbours start pressurising the buyer to contribute a few thousand for tarmacking the road, when the buyer doesn't think it's necessary.

Well we have been here 3 years and never been pressured to pay for any repairs infact no one has ever mentioned it

moneyistooshorttomention

eddddy wrote: »

Indemnity insurance for what?

I suspect a big potential concern for the buyer will be who decides whether repairs are needed, and who pays for the repairs.

e.g. -
The road subsides and massive puddles form. The buyer wants the road levelled/repaired but nobody else is interested. Or conversely...

The neighbours start pressurising the buyer to contribute a few thousand for tarmacking the road, when the buyer doesn't think it's necessary.

I would "translate" that into, possibly, meaning different ways of looking at things:

1. Someone is down there on record as "owning" the road and thinks they can order the other people in the road around as to what happens if the road needs maintaining (ie the "feudal" system of several centuries ago)

OR

2. Those living in the road may realise the fact that its the 21st century now means that all stakeholders get an equal "vote" as to what happens now if the road needs maintaining.

...and gawd blimmin' help you if the person/people thinking they can do "ordering around" is perceived by the others as "not having earned the right to do so" yep....it happens...and gawdaloneknows what happens in those circumstances and if someone tries to "order you around" that you dont think is "entitled" to then agh!!.:cool::rotfl:).

End conclusion being that the law needs to recognise that there are these two widely differing viewpoints in existence and lay down "The Rules" as to how things are done in actual fact to deal with that fact of these widely differing viewpoints. Somehow or other The Law does need to work out whats what to reconcile these two (hugely different) viewpoints.

jojo9239

It's such a minefield well I've brought it to the solicitors attention as I don't want it to be an issue at the last min if they are going to pull out because of it id rather know now. We didn't even know about it till after we bought it

ellie27

We live on a private road. We bought our house last year and were aware that it was a private road.

It is not a through road and there are only 2 houses on the road.

On our title documents the road infront of our driveway is ours and the road infront of our neighbours driveway is theirs.

Before we bought the house we did ask the seller about the arrangement for repairs and they said they shared any costs 50:50 if anything needed done. They had in the past filled a few pot holes.

I believe the fact that the house was on a private road put other potential buyers off (good for us!) and it was a factor in us getting the house at a good price.

How many other houses share the private road and is it a through road or a road to a field or anything? Would people walk along this unadopted road?

Davesnave

Sometimes private roads are an advantage. Friends of mine live on a private section of through road in one of England's posher cities.

At both ends of our friends' road are others kept in good repair by the council. The road would certainly become a major rat-run, were it not for the rutted and potholed private section, which often grounds my car whenever I attempt it.

The road's been like that for a very long time, but it's worse now than it's ever been. My friends just laugh and say it's preferable if it reduces traffic to a trickle. Anyway, if people can't afford new suspension components now and again, they'll never afford the price of the houses there!