Private/Un adopted road

(10 Posts)
Yellowbutterfly1 Tue 11-Aug-20 07:25:30

During a bit of research I’ve been doing I trying to find out if a piece of road is private or just in adopted by the local authority.

It’s at the end of a cul de sac, all the road has the normal street lights and pavements until the end section which was developed about 15 years later.
I downloaded the title plan and map one of the houses on it But there is no mentor the road and only the bit of land that the house is on is highlighted.

Could that mean the road is just in adopted Nd not private?

OP’s posts: |
Zebrahooves Tue 11-Aug-20 08:13:39

Where I live you can check the status of the road and whether it is public, private or in various stages of adoption. The stages of adoption have different numbers for each stage.

Could you do some digging and see if yours has something similar? Maybe check out the status of streets on estates built and completed up to 5 years ago to see the status of these.

Yellowbutterfly1 Tue 11-Aug-20 09:24:28

I’ve found something online where is says ‘Mixed maintenance responsibility’. And ‘Multiple maintaining parties’

Could this mean that it isn’t private but just I adopted? So it would therefor have public right of way

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Dumfriesphotos Wed 19-Aug-20 18:27:13

Ask your local authority roads department, they will have a record of whether it’s adopted or not. I know here in Scotland all local authorities have to publish a list of all public (Council maintained/adopted) roads.

Howareya Wed 19-Aug-20 22:14:30

Could it be, each house owns a parcel of this road if there is more than one house in the area you’re talking about. Could own a piece each with right or way to their respective drives/garages?

Saz12 Wed 19-Aug-20 22:29:48

I don’t think that it’s as clear as unadopted = public right of way.
For instance, a lot of unadopted roads have a split if maintenance according to use. So ... if you don’t pay, you don’t get to use it, so very clearly no general right of way exists.

Is this not going to be clarified during conveyencing?

GU24Mum Wed 19-Aug-20 22:31:16

Some local authorities (I've tried ours and the neighbouring one) have lists or maps of publicly-maintained highways so you could check there. If the road isn't listed on that, you could try doing a "search of the index map" at the Land Registry of the road in question and that might come back with details of who owns the road.

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Loofah01 Thu 20-Aug-20 09:17:16

Just ask the council, they'll give an answer very easily

Yellowbutterfly1 Tue 08-Sep-20 19:04:31

Just a little update.

I downloaded the title plans for the houses on the Un adopted bit of road, neither house has the road outlined as them owning any of it but one house has a right of way over the others plot.

I then looked on the land registry and found that the last 2/3 of the road is owned by the developer that built the houses but the owners of the houses have a right of way over it to access their garages.

The first 1/3 of the road doesn’t seem to be owned by anyone, so is it possible the council own that bit but as the house builder didn’t have it made up to highway standards with lighting, pavements etc (may have run out of money) they own it but just don’t maintain it.

Had no luck when I tried calling the council.

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Yellowbutterfly1 Tue 08-Sep-20 19:05:44

Meant to write that the council own it but just don’t maintain it.

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