Access Road to Garage been Sold!

G_M

What do the deeds (your dad's, and the road's) say about maintenance?

Buying it could become expensive if the owner has to re-surface it etc.

Since he now knows he has a right of access, just as he always has, I see no reason for him to do anything, but there are possible reasons to do nothing.

Glover1862

G_M wrote: »

What do the deeds (your dad's, and the road's) say about maintenance?

Buying it could become expensive if the owner has to re-surface it etc.

Since he now knows he has a right of access, just as he always has, I see no reason for him to do anything, but there are possible reasons to do nothing.

I've tried to tell him no real point buying it but not listening, he was happy with the council owning it but he is uncomfortable with it being in private hands, the agent he spoke to didn't help, spooked him quite a lot.

It is more a path than a road, it's not surfaced, just some stones, my dad has always controlled the weeds for the past 40 odd years.

I was interested if anyone had any idea what odd strips of land like this may be worth, councils all over the country must be getting rid of this type of land, obviously I do not want him to overpay but if someone else buys it he will be upset, I certainly would not want to do that.

Slithery

You should ask him again why he wants to buy the land.

At the moment there is a piece of land that can't be built on that he has a right of way over, with none of the downsides. If he purchases it then it will still be a piece of land that can't be built on that he has a right of way over, only now he is responsible for maintenance and any possible injury claims as well as having paid for the privilege.

moneyistooshorttomention

One thing for him to think about is if he is the owner of it = then the buck stops with him should anyone else use it and then injure themselves or their vehicle (eg pothole damage).

Might be best to leave any potential liability in A.N.Others Hands.

Glover1862

I completely agree, however sometimes when it come to land ownership reasoning goes out the window. He is getting on and it is difficult to get him to understand, he has the money and just wants me to get on and buy it, it will make my life easier !

G_M

Indeed.

As owner, and given that other people have a right to use the path, he should probably take out public liability insurance in case someone had an accident and claimed he had not sufficiently maintained the path in a safe condition.

And in winter he'd hav to put down sand/salt etc to keep it safe for the other users.

moneyistooshorttomention

G_M wrote: »

Indeed.

As owner, and given that other people have a right to use the path, he should probably take out public liability insurance in case someone had an accident and claimed he had not sufficiently maintained the path in a safe condition.

And in winter he'd hav to put down sand/salt etc to keep it safe for the other users.

Indeed true.

When I moved to current house (in an unadopted road) I wondered what the position was re any claims anyone put in on it. I checked the price and, at that point (ie pretty recently), it seems it is around £250pa for this insurance cover.

I didnt bother myself in the event - because there is a "known owner" of the road and it's therefore down to them to pay that insurance or else they personally will be liable to pay for any claims/whole bill will fall on their heads and they would be the ones suffering the consequence of not having taken out that insurance cover. As there is no residents association to make our communal decisions communally - then that is where they personally get the blowback from that. Instant karma....

Your relative would be the "known owner" and that situation would apply to them and would need to pay this £250pa or so or take the risk of having to pay out from their own pocket personally.

I wouldn't be unduly surprised if this liability is one of the reasons the current "known owner" is selling it.:cool:

Right now - your relative is in the same position I am. If anyone goes driving recklessly over a pothole and damages their car and comes knocking on his door - then he can smile sweetly and say "Hold on a minute - and I'll give you the address details of the 'known owner'. Take it up with them". You can bet that's what the owners of the other properties will do if there is a claim.