Part public road/part footpath/private road

carnassials

We are selling our property which we purchased in 2012.

The main access is through our garage which fronts a very old road which also happens to be a public footpath. Further down the tarmac road are bollards and then it becomes a dirt path. Our garage (one of three) is near the mouth of the road where it turns on to a main road. Maybe 10 steps away.

When we bought in 2012 our local search stated the road was publicly maintained. Now the buyer's search has stated that the road is part public/part private and flagged up the footpath. The road and main road are unregistered and much older than the surrounding estate.

They want two indemnity policies to cover any liability for vehicle access amounting to £400 odd. Our solicitors only think one is required which we have agreed to pay move things along.

Can a road become part private/ public without notifying the residents? I am annoyed this was not flagged up when we purchased. Should we pay for both indemnity policies when our solicitor advises not to? This has now causes two week's delay!

davidmcn

Which "part" are they talking about being private? If they mean the road/path beyond your property then that's irrelevant, all they need to look at is the route into your house.

carnassials

They are assuming that it's the part outside our garage as the public footpath starts just there and we have no evidence to say that it is publicly maintained.

Badger50

Perhaps the bit the houses need for vehicle access is public and the section from there to the bollards and beyond is private with a pedestrian public right of way? Your search gave a correct answer for the relevant section that you need. The new buyer's search gave a correct answer for the whole length of the road.

G_M

Have you checked with the council to establish which bit of road, if any, they own? Or have adopted?

Seems strange you've lived there forr 6 years andd don't now!

And have you done a 'map enquiry' at the LT to check ownership of the road?

Or investigated who might own it (eg farmer who owns the fields either side/whatever)?

Though really it's the buyer who should be checking. I would!

Or just pay the money for the indemnity, complete your sale and move on with life.

carnassials

That is probably true but they are just assuming that it's all private from where the footpath starts.

davidmcn

carnassials wrote: »

That is probably true but they are just assuming that it's all private from where the footpath starts.

The council ought to be able to clarify this for them - which would be a better solution than relying on and/or paying for unnecessary indemnity policies.

Can you get hold of the search results from your purchase? Roads can't quietly change from public to private.

carnassials

The council vaguely say part public/part private and the mapsearch came up unregistered.

carnassials

davidmcn wrote: »

The council ought to be able to clarify this for them - which would be a better solution than relying on and/or paying for unnecessary indemnity policies.

Can you get hold of the search results from your purchase? Roads can't quietly change from public to private.

I still have my local search from 2012 and it says all public.

G_M

carnassials wrote: »

The council vaguely say part public/part private

Councils have very precise knowlege of which roads (or part roads) they own, which they have adopted, and which they have no responsibility for.

If you reported a pothole, they would not 'vaguely say....'. They wouldd either fix it (eventually), or deny responsibility.

carnassials

G_M wrote: »

Councils have very precise knowlege of which roads (or part roads) they own, which they have adopted, and which they have no responsibility for.

If you reported a pothole, they would not 'vaguely say....'. They wouldd either fix it (eventually), or deny responsibility.

Part private/part public was on the buyers local search. Can I ring the council and ask? They won't provide me any thing in writing I'll bet! Obviously I am annoyed that the two local searches have different results 5 years apart, is there any recourse there?