Up keep of private road

PecrySugden

I moved into my house 9 months ago. The house is positioned off a main road and accessed via a private road to which I have a right of way as outlined in the easement on the deeds. My house is first with five other houses set further back. My address is the same as that of the main road. 

Last week while chatting to my neighbours, between them they discussed that they were arranging repairs to a wall that runs along the private road. They want to knock it down and rebuild it and that they've already had quotes for the work and one of them casually said "if you want to chip in as it affects us all. I didn't say anything at the time and the subject changed. 

The wall is the boundary wall of a property that faces the main road and I don't know if the owner of the property has been consulted. 

I want to keep on good terms with my neighbours but my deeds do not state I'm bound to pay anything for upkeep. I also have concerns about starting a precedent for other work as well as liability and no insurance for knocking down a wall I don't own or am not liable for. On top of that I'm a single parent and really don't have the money for what sounds like an expensive job.

Can I be bound to chipping in?

FlorayG

I think you are bound to contribute to the upkeep of the road. The wall isn't the road, and surely it's the responsibility of the property owner if it's a danger?

PecrySugden

FlorayG said:

I think you are bound to contribute to the upkeep of the road. The wall isn't the road, and surely it's the responsibility of the property owner if it's a danger?

I am unsure of who owns this wall and if I were bound to contribute wouldn't this have been listed as a covenant in the deeds and searches? Thanks 

Brie

I would be asking someone if the owner had been asked about it or if that property actually owns the wall.

I have a small road (likely private) to 3 small bungalows that were built behind my house and the neighbours either side.  It's the bungalows that own the fences along the road and at the back of my property so they are responsible for the upkeep and replacing bits that have been damaged by storms.  Perhaps your situation is the same.  I believe my deed does mention that I don't own any of the fences except the one immediately at the front of the house.

PecrySugden

Thanks for the reply. The deeds have no covenant but a simple Land Registry search shows that the other properties do but I don't know what that is without paying for the title deeds. 

On the plans our land is clearly marked out. 

Finances aside, I'm not happy with being liable for instructing a wall to be built without clarity of ownership and for which I could be liable for any injuries caused to anyone should the wall topple over in the future and for any damage to the property. 

Olinda99

It might be worth your paying the small amount and get a copy of one of the deeds to see what the covenant says

PecrySugden

Olinda99 said:

It might be worth your paying the small amount and get a copy of one of the deeds to see what the covenant says

I'd do that but apparently if the property owner has an alert set up with the land registry they can trace the search.

user1977

PecrySugden said:

Olinda99 said:

It might be worth your paying the small amount and get a copy of one of the deeds to see what the covenant says

apparently if the property owner has an alert set up with the land registry they can trace the search.

Who told you that? The alert only tells them if there's an application made to register something, not merely getting a copy of the title.

PecrySugden

user1977 said:

PecrySugden said:

Olinda99 said:

It might be worth your paying the small amount and get a copy of one of the deeds to see what the covenant says

apparently if the property owner has an alert set up with the land registry they can trace the search.

Who told you that? The alert only tells them if there's an application made to register something, not merely getting a copy of the title.

Thanks for the advice

Bigphil1474

Oh dear, that sounds like a recipe for many arguments going forward. If the deeds so no need to contribute, then I wouldn't. It sets a precedent. Technically you could argue that you should contribute 1/6th of the cost of the road from the main road to your house (that's all you use), and obviously you don't want to fall out with everyone, but paying for repairs to a boundary wall is a bit much.

Olinda99

yes agree with user1977 - downloading a copy of the deeds win't trigger an alert