buying a house on a private road

davidmcn

G_M wrote: »

Though lawyers (and insurance companies!) could have a field day defining 'home'.

It's the (domestic) address which has been insured. I think that's relatively clear. But owning that address also comes with ancillary rights and liabilities, which stretch beyond my front door. And the policy is clear that it's for claims against me in my capacity as owner of the home, not claims for incidents which happen inside the home.

It might well include the stairs and front path of the building. But would it also include the road, even IF the road was on the same Title......?

I don't see why there would suddenly be a distinction between our front path (or, say, a private car park) and something which looked more like a road.

And a damaged car would not fall within 'accidental death of or bodily injury to...'.

That's true. I'd happily take the risk of the one-in-a-blue-moon possibility of paying x% towards a new shock absorber or whatever the claim is. Personal injuries are a different matter.

The point is, the OP needs to investigate and understand the particular circumstances of this property and road.

Yep.

moneyistooshorttomention

I wouldnt care to swear to it - but, as I recall, from my reading at the time of buying my own house = if there is a known owner to the road, then they take out (should take out:cool:) an extra policy specifically for the road and their own house/contents policy (assuming they have one) wouldnt cover it.

At the time I was looking into these things - then it seemed to be around the £250 pa mark for a policy on an unadopted road for owner (if known) or Residents Association (if the owner isnt known and there is an RA).

Ali71

Hi all,


Thanks for the replies, interesting. I have had a chance to talk to the seller and she says she has never had any requests for a contribution towards anything and as far as she is aware there isn't anything like a residents assoc, it's never been mentioned. I have looked at the local councils website, and had to dig a bit, but the road leading to the parking area and garages is maintainable by the council and marked as such. It's the ground in front of the garages that is unadopted. The area is the length of 5 garages and 4 parking spaces on one side and the same on the other, with, as I mentioned, just about enough room in between for the length of a car with a bit to spare. I believe there are nine or ten houses, but they all sit opposite each other, fronting a pathway in between, which is also maintained by the council. You have to walk down the pathway to come to the area where the garages are.


I will ask my solicitor how much of a problem practically this would be. But I am slightly heartened to know that the actual area of road leading to the parking area, as well as the pathway in front of the houses is maintainable by the council.

EachPenny

Slinky wrote: »

Never in 50+ years of my family living there has there ever been an issue of somebody suing for accidents.

'Famous last words' springs to mind.

G_M wrote: »

The point is, the OP needs to investigate and understand the particular circumstances of this property and road. Not make assumptions based on eg
* it's a cul de sac so no through traffic
* there's a home insurance policy, so it's all covered
* someone else has ignored insurance for 20 years and never received a claim or had a problem

Completely agree. The question of liability in relation to private roads is an area of the law which isn't yet settled, and if ownership of the land is also in doubt then good lawyers everywhere will see the pound signs flashing.

Things have changed over the years and the idea that you can simply tell someone making a claim to 'go away' is not a safe strategy to adopt. The rise of claims companies means that people are not only aware of their 'right' to compensation, they also have the means to make claims that previously they wouldn't have had the resources to do.

Furthermore, the nature of the insurance industry has changed, insurance companies no longer pay out on claims as some kind of civic duty, they will explore every avenue to avoid having to make a payment. A situation where multiple householders are responsible in an undefined way for a private road - with multiple home insurance companies all trying to avoid liability - will mean potentially thousands of pounds spent just arguing the toss over who is liable.

Some form of management agreement, perhaps ideally a management company backed by insurance, seems to be the only way for residents to really be able to protect themselves. One aspect of defending claims will hinge on the maintenance of the road and whether defects have been ignored for any length of time - and that is where a management company with clear lines of responsibility and ability to 'levy' maintenance costs helps make things simpler.

In the OP's case it seems the question about the road has resolved itself, though it sounds like the area in front of the garages is still somewhere to which 'the public has access'. That is also something which rings some alarm bells for me.

moneyistooshorttomention

As I understand it - it's settled alright where there is a known owner...and I'm thanking heaven I'm not a known owner (and the plus side in my own unadopted road = there is a known owner and I can easily prove they are "It" if it comes to it). Though, if I were, I'd be taking out that insurance on the road and forming a Residents Association quick sharp and basically would be considering giving away my "ownership". Hence, I'm very puzzled personally as to why the "known owner" of my own road hasnt done that.....oh well...down to them...

But, with an odd bit of land like the one mentioned = I would be wondering what was what and how to protect myself personally.

EachPenny

moneyistooshorttomention wrote: »

As I understand it - it's settled alright where there is a known owner...and I'm thanking heaven I'm not a known owner (and the plus side in my own unadopted road = there is a known owner and I can easily prove they are "It" if it comes to it). Though, if I were, I'd be taking out that insurance on the road and forming a Residents Association quick sharp and basically would be considering giving away my "ownership". Hence, I'm very puzzled personally as to why the "known owner" of my own road hasnt done that.....oh well...down to them...

But, with an odd bit of land like the one mentioned = I would be wondering what was what and how to protect myself personally.

The uncertainty is the point we got to in G_M's thread back in the Summer when I found this....

EachPenny wrote: »

I've managed to find my ancient (2001, 2nd Ed) copy of Highway Law by Michael Orlik....

If there is a known owner, and that person is responsible for maintenance, then who might be liable would appear obvious, but it isn't settled whether they would actually be liable.

The area the OP is talking about doesn't sound like it is a 'highway', so that might change things again.

But it is much closer to Christmas now if anyone is in need of a stocking filler :xmassmile

hazyjo

I would be wary about buying with no formal agreements or fund in place for repairs.


There's a road along from mine which is private and full of potholes. When I say potholes, I'm not sure if one actually qualifies as a pond now. Wouldn't be surprised to see a family of ducks move in. Streetview here: https://goo.gl/maps/cX7xtc4nPHC2


The hole is enormous. Every now and again I'll see it full up with bricks - someone (presumably a resident) just dumps a load in to fill it up. I dread to think how far down it goes! Happens once or twice a year in bad weather!


The road you're looking at may be in reasonable nick now, but you really need to find out what they'd do if the road needed repairing - and what happens with any underground repairs/updates to pipes and installation of cabling, etc.

EachPenny

hazyjo wrote: »

I would be wary about buying with no formal agreements or fund in place for repairs.

There's a road along from mine which is private and full of potholes.

That example also appears to demonstrate another issue for owners of private roads to be aware of - it appears there are no signs to the effect it is a private road and that there is no intention to dedicate as a right of way. Which potentially means that the owners have the expense of maintaining the road whilst at the same time don't have the right to exclude the public from using the road as throughfare and damaging it in the process.

Perhaps the 'pond' is a design feature to discourage use by non-residents

hazyjo

EachPenny wrote: »

That example also appears to demonstrate another issue for owners of private roads to be aware of - it appears there are no signs to the effect it is a private road and that there is no intention to dedicate as a right of way. Which potentially means that the owners have the expense of maintaining the road whilst at the same time don't have the right to exclude the public from using the road as throughfare and damaging it in the process.

Perhaps the 'pond' is a design feature to discourage use by non-residents

Unfortunately there's a Prezzo round the corner so nobody takes a blind bit of notice and parks down it anyway! I would hate to live on that road! It's never been particularly clear that it's a private road. There was a battered sign at one end once. Lots of people drive down it and reverse into it - they don't realise how big that hole is until they're on it!


If I did live on a private road, I think I'd like one that was gated off!

hazyjo

Quizzical_Squirrel wrote: »

What happens with private roads when it snows?

In my area, people on the private road club together for snow plowing but does that happen everywhere? Will the council do it even if it's private?

You're lucky down here if they even grit the non-private roads :rotfl: It's often just the main roads they attempt to clear. I don't remember them ever doing my road and they certainly didn't do my last road!