Transfer Part of Freehold of Adopted Road

Peakoverload

We are in the process of selling our flat which has a share of the freehold (equal share with one other flat) However, the freehold for both flats also includes a section of two roads. Both roads are adopted roads and the local authority have confirmed that they are solely responsible for maintaining the roads etc. Therefore our ‘ownership’ of them is more theoretical than actual. We can’t develop the land, prevent/restrict access etc. 

We did know about this when we bought the flat but our solicitor told us that it wasn’t a concern due to the road being adopted. However, the owner of the other flat, who has lived here longer either wasn’t aware or had forgotten and was surprised and a bit concerned when we mentioned it. They have said that they would like to transfer the freehold of the road to the local authority and if they are going to do that, we may as well too. 

Does anyone know whether local authorities will take on the freehold of an adopted road, what the costs might be in doing this but more importantly, what the time scale for doing this is likely to be?

Section62

Peakoverload said:

We are in the process of selling our flat which has a share of the freehold (equal share with one other flat) However, the freehold for both flats also includes a section of two roads. Both roads are adopted roads and the local authority have confirmed that they are solely responsible for maintaining the roads etc. Therefore our ‘ownership’ of them is more theoretical than actual. We can’t develop the land, prevent/restrict access etc. 

We did know about this when we bought the flat but our solicitor told us that it wasn’t a concern due to the road being adopted. However, the owner of the other flat, who has lived here longer either wasn’t aware or had forgotten and was surprised and a bit concerned when we mentioned it. They have said that they would like to transfer the freehold of the road to the local authority and if they are going to do that, we may as well too. 

Does anyone know whether local authorities will take on the freehold of an adopted road, what the costs might be in doing this but more importantly, what the time scale for doing this is likely to be?

It will be down to the local authority in question, but there is no advantage to them in owning the freehold so may well want to recover their costs if the neighbour somehow persuades them this is a good idea.  This could run to several thousands.

There are literally thousands of properties that own the freehold of (part of) the land the road adjacent to them is built on.  It is so common your neighbour's concern is misplaced.

There is a small disadvantage involved in transferring the freehold (if the council will accept it) in that if the road were ever stopped up for any reason the highway rights would be removed and the freeholder would be free to do what they want with the land. If the council owns the freehold then if the highway is stopped up the land is theirs to do what they want with.

daveyjp

All properties adjacent to a road own to the half way point of the road, unless there is evidence to the contrary.

Highway Authorities don't need to own the freeholds of roads.  The Highways Act gives them power to adopt routes over land as highway and they become responsible for any repairs of the highway, If the highway is ever removed the freeholder can then be free of the highway and use the land for other purposes.