Unadopted Road which is also a Public footpath - who should maintain and pay for it?

Bradders123

I've recently inherited a property along an unadopted road which is also a public footpath. According to the deeds in 1962 it says 'Are the Highways (including footpaths) abutting on the property maintained at the public expense?' Answer was stated as being 'Yes'. However, over the years the residents along this road have paid for gravel and the council have put up speed limit signs. The existing residents say they are now 'too old' to maintain the road and as I'm 'new' and much younger 'that it is now entirely my responsibility'. Is this right? How can this be right? The road has now deteriorated as so many vehicles use it including public vehicles and also a lot of people walk along there and I'm concerned as to who is liable for any accidents that may occur if someone trips up in one of the potholes or a car is damaged in one of the potholes. The road doesn't have any streetlights. I'm not a qualified construction/road worker, neither am I rich as I still have a family to support, so don't feel able to take on this onerous task on my own. Who is responsible for the cost of maintenance? The 'owner' of the road is not registered with the land registry but it is obvious from the deeds that it is owned by the church as this was who the land was purchased off originally and the land on the other side of the road is still owned by the church but leased by the local town council? Can any one give me some advice please? I'm very stressed out about this, particularly as I'm also recently bereaved!

davidmcn

Bradders123 wrote: »

According to the deeds in 1962 it says 'Are the Highways (including footpaths) abutting on the property maintained at the public expense?' Answer was stated as being 'Yes'.

What is the "it" you're referring to here? Something from the council at the time confirming they maintain the road? Or something else? Have you checked with the council whether the road is (still) adopted? Obviously it doesn't sound like it is, but if it formerly was adopted then there would have been a process to go through for it to become a private road.

Bradders123

Many thanks for replying so promptly. The 'it' refers to the 'Register of Local Land Charges document which was in with the other deed documents . This is what was requested prior to the building of my property.

Sachs

I think your options are likely to be:

-collectively maintain the road with the other houses.

- pay for the road to be brought up to adoptable standard and convince the local highway authority to adopt it.

- sell the house.

davidmcn

Bradders123 wrote: »

Many thanks for replying so promptly. The 'it' refers to the 'Register of Local Land Charges document which was in with the other deed documents . This is what was requested prior to the building of my property.

Ok - I think it's worth checking with the council whether the road is in fact still adopted, and if not, when and how it ceased to be adopted. The other possibility is what you're looking at was faulty information at the time.

diggingdude

Bradders123 wrote: »

I've recently inherited a property along an unadopted road which is also a public footpath. According to the deeds in 1962 it says 'Are the Highways (including footpaths) abutting on the property maintained at the public expense?' Answer was stated as being 'Yes'. However, over the years the residents along this road have paid for gravel and the council have put up speed limit signs. The existing residents say they are now 'too old' to maintain the road and as I'm 'new' and much younger 'that it is now entirely my responsibility'. Is this right? How can this be right? The road has now deteriorated as so many vehicles use it including public vehicles and also a lot of people walk along there and I'm concerned as to who is liable for any accidents that may occur if someone trips up in one of the potholes or a car is damaged in one of the potholes. The road doesn't have any streetlights. I'm not a qualified construction/road worker, neither am I rich as I still have a family to support, so don't feel able to take on this onerous task on my own. Who is responsible for the cost of maintenance? The 'owner' of the road is not registered with the land registry but it is obvious from the deeds that it is owned by the church as this was who the land was purchased off originally and the land on the other side of the road is still owned by the church but leased by the local town council? Can any one give me some advice please? I'm very stressed out about this, particularly as I'm also recently bereaved!

An old person expecting the young to look after them.....surely not

Even i know that is not how it works.If any of you responsible for maintenance then it will say in your/neighbours paperwork