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Told I cannot park on unregistered land???

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Comments

  • luckyduck83
    luckyduck83 Posts: 69 Forumite
    Also, we live in an unadopted road and we own the land to the centre of the road so any parking is actually on private land.

    The road can't be private and unadopted at the same time.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Car_54 wrote: »
    For future reference, the road may have been private or unadopted (what's the difference?), but that doesn't give you carte blanche to park there. The offences of causing an unnecessary obstruction, and leaving a vehicle in a dengerous position (and probably others) still apply.

    Dangerous position offence is committed on a road not public place so is a private road a road under the act?
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    edited 5 March 2019 at 7:48PM
    The road can't be private and unadopted at the same time.

    Yes it can. An unadopted road is by definition private because it is not publicly owned. They are owned usually by the people living in the road or in cases of new build estates often by the developer. The fact that they are accessible by the public does not change the fact that the road is private. It does mean, however that some criminal traffic offences are still enforceable.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Mercdriver wrote: »
    Yes it can. An unadopted road is by definition private because it is not publicly owned. They are owned usually by the people living in the road or in cases of new build estates often by the developer. The fact that they are accessible by the public does not change the fact that the road is private. It does mean, however that criminal traffic offences are still enforceable.[

    Are you sure?

    Insurance yes but what about mot?
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Are you sure?

    Insurance yes but what about mot?


    Fixed with an edit.
  • The road can't be private and unadopted at the same time.

    The road is classed as a highway for the 'passage of traffic' but the land it sits on is privately owned and so parking on it is a different matter. This is a quite complex area of law. Hence, a road can be unadopted, but privately owned.
  • Car_54
    Car_54 Posts: 8,937 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Dangerous position offence is committed on a road not public place so is a private road a road under the act?
    Yes, unless it’s gated. For the purposes of the RTA 1988, a road is defined as “any highway and any other road to which the public has access” (section 192(1).
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Car_54 wrote: »
    Yes, unless it’s gated. For the purposes of the RTA 1988, a road is defined as “any highway and any other road to which the public has access” (section 192(1).

    But not all private or unadapted roads are highways.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Ergo they fall under the "any other road to which the public has access" definition?

    If you mean something else, please be clear and give an example - stop this "pithy response" nonsense; the only person that looks foolish when you do so is yourself.
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