How do you adopt a road?

downshifter · 10 October 2016 at 7:34AM

A friend has the only 2 houses on an unadopted road. We've tried to find out who owns it to no avail, it seems to be a bit of a no-mans land. It is in a really bad state as it is used as a 'cut through' by lots of local people but the council refuse to maintain it.

My friend would like to adopt it and maintain it, but we can't find any info about how to do this. Can anyone advise please.

Alternatively, is there a way of applying to have this road closed if it becomes a serious hazard?

Thanks

DS

eddddy · 10 October 2016 at 8:59AM

downshifter wrote: »

My friend would like to adopt it and maintain it, but we can't find any info about how to do this. Can anyone advise please.

If your friend maintains the road (and the land it is on) without challenge for 12 years, he/she might be able to claim it. Google 'adverse possession'

downshifter wrote: »

Alternatively, is there a way of applying to have this road closed if it becomes a serious hazard?

If it's a public right of way, it's very unlikely that you could close it and obstructing it would be a criminal offence,

If there's no public right of way, it can be closed at any time.

davidmcn · 10 October 2016 at 9:04AM

There's no process for "adopting" a road unless you're a roads authority. If your friend wants to maintain it then I doubt anybody is going to stop them.

glasgowdan · 10 October 2016 at 11:05AM

If you put up a 10ft security fence with a remote operated gate and private property signs, you'll find out if it belongs to anyone or not.

Fuzzyness · 10 October 2016 at 11:26AM

to the OP, only the Highway Authority in your area can adopt a road and maintain it at the public's expense. you state in your post, they are not inclined to do. consequently the only way to maintain the road is as a private expense i.e. your friends'. maintaining a road as non-adoptable highway means it in effect becomes a private road, albeit that unless you prevent access to it somehow, others will still be able to use it. as others have said fencing it is bound to bring out of the woodwork those that have an interest in the land.

moneyistooshorttomention · 10 October 2016 at 12:30PM

I also doubt it's possible. "Adverse possession" wouldnt work either - as one of the criteria is "exclusive use" and there isn't exclusive use - as other motorists use it to drive through and can't be prevented from doing so.

I'm puzzled what lies behind your friend wishing to even try to do something that would be a "millstone round her neck":cool:. For one thing - if she even tries to take it over then it would soon be clear to everyone just who had set themselves up as being the "owner" and they'd all know just whose door to knock on in the event of any potholes causing damage to their car.

In your position - I must admit I would be questioning rather just why my friend wanted to do this - and whether she had realised the implications. It doesn't make sense to me..

bris · 10 October 2016 at 12:39PM

If the public from this estate have been using it for the last 20years then it has established a right of way and you cant close it off even if you wanted too.

downshifter · 10 October 2016 at 2:15PM

Thanks all. I think the main reason he wants to do this is for safety. There has already been some damage to cars and he doesn't want anyone hurt, including his own family. Or maybe get together with some others in the neighbourhood and set up a group to look after it, so it isn't one person's responsibility. Parish Council maybe? Not sure.

Perhaps the next question should be - how do you buy a piece of land which seems not to be owned by anyone (according to Land Registry)? However if it has a right of way, then that might not be possible anyway.

Is there anyone who might be able to give definitive/legal answers, we've tried the highways department but they're not very helpful.

Thanks again DS

davidmcn · 10 October 2016 at 2:22PM

downshifter wrote: »

Thanks all. I think the main reason he wants to do this is for safety. There has already been some damage to cars and he doesn't want anyone hurt, including his own family. Or maybe get together with some others in the neighbourhood and set up a group to look after it, so it isn't one person's responsibility. Parish Council maybe? Not sure.

Perhaps the next question should be - how do you buy a piece of land which seems not to be owned by anyone (according to Land Registry)? However if it has a right of way, then that might not be possible anyway.

Is there anyone who might be able to give definitive/legal answers, we've tried the highways department but they're not very helpful.

Why does he want to buy it? If all he wants is to maintain it then (in the absence of anyone shouting "get orf mai land!") he can fill in potholes etc if he wants. Possibly even has a right to, if he has a right of access.

If he really wants to trace the owner then he probably needs to do some more digging around old title deeds to see who originally owned the road and/or the surrounding land. As said above, you can't really start adverse possession if there are people constantly driving through "your" land.

Seanymph · 10 October 2016 at 3:14PM

If he fixes it, then anyone suffering injury will land at his door.

Fuzzyness · 11 October 2016 at 8:51AM

downshifter wrote: »

. Or maybe get together with some others in the neighbourhood and set up a group to look after it, so it isn't one person's responsibility. Parish Council maybe? Not sure.

my sister in law gains access to her house via an unmade road. their parish council arranges with the highway authority for old road planeings/shavings to be delivered to the end of the lane where the local residents then wheel barrow up to where they are needed to fill in the holes. i think they get a delivery of fill about once a year or so. thats in Cornwall if its any help.

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How do you adopt a road?

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