Highway Maintainable at Public Expense

AtchinTan

I have just purchased a section of road and discovered it is classed as highway maintainable at public expense.

In real terms does this prevent me from openely excersizing my rights as the titleholder, for example applying for planning permission to erect signage and advertising placards on the roadside verges or do all such rights reside with the highway authority who maintain the land.

The land is freehold and registered in my. Company name .

Comms69

Uhm, who did you buy it from?


Ultimately whether you own it or not, advertising laws prevent most adverts on the side of any road to which the public have access - whether you own it / maintain it or not.


Surely you did your research before buying it

AtchinTan

The road wasn’t the reason for the purchase it’s ancillary to the land we bought, we just want to know where we stand legally as we own the land but the council obviously maintain it

Comms69

AtchinTan wrote: »

The road wasn’t the reason for the purchase it’s ancillary to the land we bought, we just want to know where we stand legally as we own the land but the council obviously maintain it

It's unclear, but I suspect it's in essence a public highway and you have no rights over it.

AdrianC

It shouldn't come as a great surprise to you that the land borders an adopted road... So the only surprise here is that your ownership apparently includes the road itself, rather than stopping at the verge?

Either way, what advertising you can erect is restricted separate to the ownership.
https://www.planningportal.co.uk/info/200130/common_projects/4/adverts_and_signs

agrinnall

Is this in the UK? I find it difficult to believe that any highway that is maintainable at public expense is actually available to be privately purchased.

AdrianC

agrinnall wrote: »

Is this in the UK? I find it difficult to believe that any highway that is maintainable at public expense is actually available to be privately purchased.

I don't. Think about a road that crosses part of a farm, or when a new development's road is adopted. The registered freehold for the farm or the development doesn't necessarily get updated to wiggle around the tarmac.

AtchinTan

The land we purchased constitutes a development plot situate on an industrial estate. The title plan for the plot encompasses the entire road system around the estate under the same title number, meaning therefore it’s registered under the same freehold title.

We understand the roadways and footpaths are in effect owned by the highway authority as they maintain them. Where would their boundary end, does it include the verges showing neighbouring plots

AdrianC

Where do the leaseholds or freeholds for those plots stop?

Do the verges directly abut the carriageways, or are there pavements? Are the verges between pavement and carriageway?

I'd say your chances of expecting the local authority to maintain the verges to anything approaching an acceptable standard are somewhere around nil. So that, to me, would be part of your responsibility to the neighbouring plots, depending on where their boundaries go.

DoaM

But to reiterate what was said earlier ... you need planning consent (1) to erect signs - even if you own the land - if the public has right of access over that land (i.e. maintained highways), thus can easily view the signs. And depending on the size and quantity of said signs, you may also need advertising consent (2).

(1) This can often be applied for retrospectively
(2) Failure to gain this could be a criminal offence. It's not often enforced, but .....

G_M

It's public Highway. The highways authority control it - not you. Your ownership is pretty meaningless.......