Repairs to access road

Money_Grabber13579

Yorkie1 said:

If you don't own the road outside your property, can you access the Land Registry site for the road to see who does own it? I've seen other people mention you might need to pay £3 or £7 to get a copy of the register for it.

Is the road definitely not owned by the council / highways?

I understood the OP as saying that highways/council owns the road and they are responsible for repairing it but they say they are not responsible for the strip between the road and the start of the OP’s property. Someone must own that strip though and presumably the OP has right of way on it otherwise they wouldn’t be able to access their house.

the_lunatic_is_in_my_head

Probably easier to fill it in with concrete. Any photos of the actual holes (not that it makes much difference)  

markin

If its an old house its possible when it was registered with the land reg it was simply drawn to the gate rather than the road, Are we talking 2m or 6m between between the road and gate?

Section62

markin said:

If its an old house its possible when it was registered with the land reg it was simply drawn to the gate rather than the road, Are we talking 2m or 6m between between the road and gate?

If the road is old then the OP probably owns the land up to the centre of the road.  The LR plan often just shows the red line boundary on a convenient boundary-like feature on the OS plan.

What matters here is what the highway authority consider to be the limits of the highway.  The highway extents don't have to go as far as the hedge/wall/fence if the highway authority doesn't want them to.

Hoenir

markin said:

If its an old house its possible when it was registered with the land reg it was simply drawn to the gate rather than the road, Are we talking 2m or 6m between between the road and gate?

Be worth obtaining ownership. Otherwise coulld end up being a ransom strip at some point in the future. . 

kev1744

if it was me i think i would be looking at claiming it as mine on the basis that you have been using it for a period of time. claiming it can be a simple process of just filling a form in. then once you own it you could extend your gates to it and thus stop it being a passing place

Albermarle

Is the room to put a big plant box with reflectors on it and you still get in/out?

Plus maybe a big sign saying 'Private driveway, not a passing place ' 

KittenChops

Money_Grabber13579 said:

Yorkie1 said:

If you don't own the road outside your property, can you access the Land Registry site for the road to see who does own it? I've seen other people mention you might need to pay £3 or £7 to get a copy of the register for it.

Is the road definitely not owned by the council / highways?

I understood the OP as saying that highways/council owns the road and they are responsible for repairing it but they say they are not responsible for the strip between the road and the start of the OP’s property. Someone must own that strip though and presumably the OP has right of way on it otherwise they wouldn’t be able to access their house.

If the OP doesn't own it but has a right of way over it, then that would presumably be referenced in the deeds / covenants of their property?

Boat1234

It is a strange one -  the council are saying it is within the boundaries of the public road but because it is our access we must fix it.  I can not see how it can be both?

I think I need the council to actually come and assess the damage and show them the volume of cars using this as a passing place.

Bigphil1474

Yes, don't think they can have it both ways. It is usually the owner who is responsible for repairs. If you are quick, it's a very good time to get your local councillor involved.