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LandM1
Posts: 50 Forumite
I'm not sure if this is the best place for this question but here goes anyway. Our house is at the end of a shared track, which is owned by someone who apparently lives the other end of the country to us. She also owns and rents out the fields on either side of the track. As well as our house, four other houses use the track, which is also a public right of way.
The track has never been maintained by the owner and it is deteriorating more and more. It is just dirt so has some huge potholes. Our vehicles are 4 wheel drive so we cope but worry about resale of our home. Today a visitor to one of the other houses got a flat tyre caused he said by the condition of the track.
My question is, can the owner be forced by law to maintain the track? Also if the condition of it causes damage to a car can the car owner claim for damages or sue?
The track has never been maintained by the owner and it is deteriorating more and more. It is just dirt so has some huge potholes. Our vehicles are 4 wheel drive so we cope but worry about resale of our home. Today a visitor to one of the other houses got a flat tyre caused he said by the condition of the track.
My question is, can the owner be forced by law to maintain the track? Also if the condition of it causes damage to a car can the car owner claim for damages or sue?
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What do your Title deeds say?
I assume they give you a vehicular ROW over the track, but does it say anything about maintenance? Do you have to contribute to the cost? Or not? What else does it say? (please quote in full - don't just give us a vague resume using your own, non-legal, words)
And what do the Title deeds of the track owner say? Pay £3 and take a look! They may require the owner to maintain it.
Finally (a long shot) the visitor may be able to claim damages from the owner if the lack of maintenance of a track over which they hade a ROW was the direct cause of damage to their vehicle......Though I don't recomend legal action as this would be of very uncertain outcome!0 -
My house is in an unadopted road - so I do know the answer to your question about whether a known owner of such a road can be forced to maintain is = no.
On the other hand - owners of property in the road/using said road are allowed to do the maintenance work themselves. I don't know the details as to what standard they can do it to - whether they have to stick to same type of surface or could do a better one if they wish. But you are all allowed to do the work yourself if you wish to/can afford to.
Re if anyone has an accident and goes in for putting in a claim - that is where I would give any such person the contact details for the "known owner" and say "It's down to them" personally. AFAIK - I think that any problems to do with claims wouldn't be your concern (because there is a "known owner").
I believe the legal position is that any claimants could only go after house-owners in such a road if there wasn't a known owner and they decided to go after the house-owners on the grounds they were frontagers.0 -
Thank you both for your very useful and fast replies! GM, I'll look at our title deeds again but I'm pretty sure maintenance isn't mentioned, just vehicular access. How do I pay£3 to look at the owners please?0
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one step closer....:
https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do
or if the address does not turn up the track, do a map enquiry:
https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/MapEnquiryInit.do0 -
Thank you!0
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Can you and the other owners get together and pay for hardcore/gravel to be put down.0
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Search Facebook marketplace for free hardcore to fill in the holes.0
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It really does depend on the arrangements specified in the deeds. The unadopted section of my road is probably still owned by descendants of local bigwig landowner who have long since left the area. Each set of deeds contains a covenant to the effect that the frontagers are liable for maintenance. One frontager organised repairs (I.e. Filling in the potholes once a quarter) for a couple of decades but he has now moved and no one has taken his place. The potholes are getting bigger and bigger. The residents are terrified of the cost of adoption but can't be @rsed to sort it out themselves.
You wouldn't want to take a car up there in daylight and you certainly wouldn't want to walk there in the dark. I'm waiting for someone to sue ...0 -
I agree, apart from:-
...unless the deeds specify the owner is responsible for maintenance (/optionally at the expense of frontagers/users)moneyistooshorttomention wrote: »My house is in an unadopted road - so I do know the answer to your question about whether a known owner of such a road can be forced to maintain is = no.
There could be a grey area if you have carried out repairs which were the cause of the accident/damage.moneyistooshorttomention wrote: »Re if anyone has an accident and goes in for putting in a claim - that is where I would give any such person the contact details for the "known owner" and say "It's down to them" personally. AFAIK - I think that any problems to do with claims wouldn't be your concern (because there is a "known owner").
For example, if following the advice of James1968 resulted in you filling in holes with free hardcore containing nails/screws/glass fragments then you might put yourself in a claim liability situation. That might be a liability to the landowner in respect of payments they have made for third party claims.
But it gets complicated because it will depend on the nature of consent (if any) you obtained form the owner to carry out repairs, and also on judgements whether you made the repairs in a reasonably competent manner. E.g. would it be reasonable to expect someone carrying out a repair to check the rubble for nails, screws or glass?
In the OP's case, being a public right of way throws up additional complications in terms of liability to the public. (also does the owner have public liability insurance I wonder?)"In the future, everyone will be rich for 15 minutes"0
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