Private road - damage

stuhse

I thought my answer was concise and to the point- its the case law that i posted to back up what i said that is lengthy...perhaps i should have just put a link to it.

To the OP...If that is the wording in your deeds it appears you are in the common law position regarding maintenance.  Essentially those that want the track maintained because they use it should get together and pay for/carry out that maintenance. You didn't answer my question as to whether the owner of the track actually uses the track ? 

If the track runs through a SSSI those carrying out/planning the work will need to liaise with Natural England (assuming you are in England otherwise there will be an equivalent organisation in your country) - It is not the owner of the land that controls this.   Guidance here :  https://www.gov.uk/guidance/sites-of-special-scientific-interest-public-body-responsibilities#:~:text=You must not carry out,it to make a decision.


You mention the track is only 30m long...quite honestly getting solicitors involved is going to blow you costs through the roof.  You could probably tarmac the whole thing for not much more than a solicitor will want paying "on account" just to open a case for you.  

user1977

stuhse said:

quite honestly getting solicitors involved is going to blow you costs through the roof.  You could probably tarmac the whole thing for not much more than a solicitor will want paying "on account" just to open a case for you.  

I think the OP is just seeking advice about what the deeds say, not "opening a case" versus the neighbour.

Though the OP hasn't answered my earlier question about what advice the solicitors gave them when they bought...

samtoby

No advice when we bought I can not see anything. I clearly was stupid and didn't ask as it was so immaculate. 

Gavin83

Could we just clarify something as it's not entirely clear. Are you looking to repair the road yourself and therefore asking about your rights to do this or are you essentially asking if it's possible for you to force the land owner to repair? As mentioned your rights to the first are positive. The second option not so much. There's a reason private roads are often in terrible condition, it's difficult to agree to repairs. It's also the main reason I would never buy a house on one.

Also if the road was in such an immaculate condition a few years ago why is it now so terrible? Do others use the road with heavy vehicles? Was it just poorly done?

user1977

samtoby said:

No advice when we bought I can not see anything. I clearly was stupid and didn't ask as it was so immaculate. 

I would still expect your solicitor to have explained to you what the relevant rights and obligations were (irrespective of its then condition) - did they not mention at all that it was privately maintained?

(my point here is that you could have grounds for complaint against your solicitors for overlooking this)