Caution Titles

Stalemate

Not sure if this is the correct sub-forum but here goes:

I recently bought a house and there is a private road adjacent to it. The road is in a bad shape at the moment (badly patched up potholes, open potholes, etc) and negatively impacts the environment of the neighbourhood.

I have asked many neighbours but no one knows who exactly owns it or has patched up the potholes in the past. I asked the council and they don't know as well.

Finally, I went to land registry and download the title and title plan for the road. The title only states the details of a local power distribution company as a 'cautioner'. Land registry states that the 'Cautions against first registration are registered as a Caution Title where a property is unregistered and where a person other than the owner claims an interest in the property.'

My question is:

1. Is the cautioner responsible for maintaining the road in the absence of an owner?
2. If not then how do I find the owner?

Thanks.

moneyistooshorttomention

I presume your access is via this road??

Are there any other properties in this road? (I'm wondering whether they might have got together informally and dealt with potholes on an ad hoc basis and no-one wants to admit to it - in case it looks like they are the owner?).

Maybe the local power company had problems with an "awkward" home-owner in the past and had to remind them that the law allows them to come in and do necessary work whatever anyone else thinks (including the road-owner - whoever they are)? - and perhaps that's why they are down as a "cautioner" and not for any other reason?

Davesnave

The power company probably wanted to be granted a wayleave for cables/equipment in the lane serving the properties. In the absence of a traceable owner, they have most likely formalised their interest in case the owner comes forward and registers it.


As a power supplier, they won't care about the condition of a useable road, unless they've dug it up themselves, when they would reinstate the surface, but probably not deliberately improve it.

Stalemate

I have access via the road and many other properties are around it as well. The road is used quite a lot and this creates more issues with the potholes. I know that someone fills the potholes from time to time but no one knows how they are. How do I find the real owner then?

moneyistooshorttomention

Any chance of a local history buff/historical society knowing??

It never ceases to amaze me - but there are quite a few people interested in history and some of them do investigate the most esoteric aspects of their neighbourhood in that respect. So, if there is any person/society like that - maybe they might have some idea??

Land_Registry

I'd start with checking what rights you if neighbouring properties have over the road re access. In most cases roads are laid by the developer, especially if a few properties were by same builder.

Historically roads were then adopted by the local authority and plots sold off. The legal ownership of the road stayed with the developer. Nowadays the road ownership tends to get transferred to the local authority as well.

So if there's a deed granting a property a right of way over the road check who granted them the right and work forward from there. To legally grant the right it's usually the case that it was shown that they owned the road.