Unadopted roads and parking

Nadine1111

Hi I have just bought a house in a newish estate and the road is Unadopted. I don’t really have an issue with this but have a question please. I understand that all land must belong to ‘someone’ by law. So when a house is sold with an Unadopted road, the deeds show that your boundary also includes the road. My neighbour has decided that because her deeds show the road as hers, she won’t let anyone park in her section. In front of her house includes a large turning circle, which she claims is part of her drive. If the road became adopted, I assume it becomes a normal road and anyone can park there. Until that happens, does anyone know the rules on parking on Unadopted roads when deeds show you each ‘own’ a section of the road. Thanks

G_M

Normally the respective deeds would include covenants allowing others (whether other home-owners or anyone at all) either to 'pass and repass',or to 'pass and park' or whatever.


It's unusual, especially on a new estate where the legal set-up would be designed for the modern age, for there to be no arrangement for this.



Is there any form of management company for maintenance (of the road and/or other common areas?). If so what is its constitution? Does it cover paking rules?

D_M_E

What do your own deeds have to say about using the road - what covenants are written about its use, such as G_M's post above?

Does the neighbour(s) house deeds have the same wording as yours?

bouicca21

Doesn’t it defeat the point of a turning circle if people park in it?

happyandcontented

Highways allow for the passage/re passage of traffic only, unadopted roads/highways which appear on the deeds of house owners do preclude parking if the owner does not agree to it.

G_M

happyandcontented wrote: »

Highways allow for the passage/re passage of traffic [STRIKE]only[/STRIKE]and parking when not prohibitted, unadopted roads/highways which appear on the deeds of house owners do preclude parking if the owner does not agree to it.

unless there are covenants permitting parking.

TBagpuss

I think you need to look at what your deedssay, and what her deeds say.

I suspect thatshe may be entitled to stop anyone else parking on 'her' section but probably is not entitled to obstruct the turning circle so that others can't use it to turn, but the only way to know is by checking the deeds.

AlexMac

I'm not sure what problem you are hoping to solve (parking on the neighbour's land, turning on it.../) or what restrictions the neighbour is imposing (barriers? Signs? Enforcement via threats of court action by a Parking Control Comapny and the use of "PCN"s - Parking Charge notices- which aren't the same as parking penalties)...

...but given that we have a similar situation, I suggest that the long term solution to your problem will rest in neighbourly relationships and negotiation, rather than legal interpretation or- even worse - Civil action!

I don't think you can take it for granted that the Council will adopt the land. Unless future adoption was already written in by the developer, it's a pretty complex process. Look at
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/609561/advice-note-on-road-adoptions.pdf

I live on a similar private lane where each freeholder owns the road along their frontage out to the centre line. Most people's title only includes a requirement not to block the right of way. It's an unadopted road, but is also a public right of way, and it's also not a cul-de-sac but a though-way.

The title (deeds) don't go into any other detail about parking or even whether you're allowed to build out or install planters (there are no pavements, so the frontages are a bit fluid) but people are very conscious that they own their bit of the street . They are therefore very protective about parking - especially those without forcourts, or those who have more than one car. So most people have respect for their neighbours' space and only park on others' frontages, or get their visitors to park with informal permission. Nothing fancy; we just talk to each other and co-operate

So mostly, we all get along by applying courtesy and common sense. As I hope you will.

One newer project in our street does have a 100-odd yard frontage which is collectively owned by the dozen or so houses in the developement . They decided to engage a registered parking management company to stick up signs, issue permits and send out PCNs (in effect invoices) threatening Civil court action using laws or contract and trespass. It caused incredible bad feeling

I hope that your lot don't go down that route

foxy-stoat

Enforcing covenants are probably a lot harder than enforcing parking rules on adopted roads. I suspect that is why they are being like that.