Council in control of our private land

Cpu2007

I've purchased a property a few years ago and when I looked at the plan, it shows a section at the end of the backyard being part of the property.However, this section is currently being used as a public path. 

The area in concern is a sort of cul-de-sac and the section that is supposed to be part of our backyard is actually a pavement.

I spoke to them but the answer they gave me didn't make much sense.


That's their answer

Morning the piece of land in question was adopted by the Council since 1903 the reason for the adoption of this land was done under any one of 6 different orders or at the request of the developer but may have been adopted under the Public Health Act.

I wonder if I can take that back and who I need to speak to

HampshireH

Presumably this didn't come up when you bought it as an issue 

How big is the piece of land? Plans can sometimes be inaccurate. 

Does the land registry state it belongs to you? 

user1977

No, you can't "take it back". Road adoption means the land is a public road - it's commonplace to own, say, all the way out to the midpoint of the road outside your house. But your ownership is pretty meaningless if it's a public highway. Same principle if it's a public footpath maintained by the council. Nothing for you to do.

Section62

Cpu2007 said:

I wonder if I can take that back and who I need to speak to

If you wanted the land for your exclusive use then the council (as highway authority) would need to make a 'stopping up' order, which they can only do if there is clearly no public use for the highway rights, or that they are being (re)provided through an alternative route.

The chances of that being the case are low, but it depends on the cirumstances.

The cost of getting a stopping up order is measured in the (several) thousands.

The council's highways department are the people to speak to if you are still interested in the idea.

Woolsery

It's standard procedure for your solicitor to give you sight of the title plan and ask if the property shown within the red outlne matches what you have seen on your viewings. Then is the time to query matters like apparent ownership of footpaths, roads etc.

The council have given you a very poorly worded response, but the bottom line is that you must maintain access to what is a public facility.

bouicca21

In strict terms the road in front of my property is owned by a descendant of the local bigwig who sold off the residential building plots over a century ago.  But since it was adopted by the council in the mid 1960s, there is no way the person who now owns the street could exercise any rights over it. I think the same applies to that footpath.

Bettybaker

We have this exact same issue with a very small strip of land In our front garden. This leads directly onto a pavement. Now 4 weeks into trying to get it resolved as my buyers solicitor wants to know why it was purchased in 1978. Can I please ask what department of the council you reached out to? My solicitor doesn’t appear to be getting anywhere with supplying an answer that will satisfy the enquiry. 

This was never brought up when we purchased the house or when my ndn purchased theirs 2 years ago but, we can’t get to exchange until this is resolved. Nightmare! 

Hope you get yours sorted too 

user1977

Bettybaker said:

We have this exact same issue with a very small strip of land In our front garden. 

No, yours is quite a different scenario where the council has title to the strip of land (which doesn't form part of an adopted road).

Section62

Bettybaker said:

We have this exact same issue with a very small strip of land In our front garden. This leads directly onto a pavement. Now 4 weeks into trying to get it resolved as my buyers solicitor wants to know why it was purchased in 1978. Can I please ask what department of the council you reached out to? My solicitor doesn’t appear to be getting anywhere with supplying an answer that will satisfy the enquiry. 

Usually highways would deal with strips of land like this.

Sometimes recreation or grounds maintenance if the land isn't adjacent to a highway.

Cpu2007

Thank you everyone for the advice.

I have reached out to Highways and they're looking into it again.