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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Private road

30 replies

JumpRope · 01/05/2015 09:18

Imagine your journey to school drop off and thence on to work was made, although not shorter, much faster if you drove along a 3/4 mile long private residential road. Faster because other routes are conjested with much traffic, and the private road is quiet with only residents supposedly driving along it.

The road is unadopted by the council, hence private - ie services not paid out of council and local taxes.

Would you do it?

OP posts:

DragonWithAGirlTattoo · 01/05/2015 09:19

i dont know (if i would have the balls to)

what are the rules re private roads?

shewept · 01/05/2015 09:20

Depends, are there signs saying not to drive down it?

Most people won't know if its adopted if not.

If there are signs then no. If there wasn't I don't see the reason not too.

DragonWithAGirlTattoo · 01/05/2015 09:20

ok - legal-dictionary.thefreedictionary.com/Private+Roads

"A private road can be used by the general public and is open to all who wish to use it, but it primarily benefits those at whose request it was established"

so yes i would

BikeRunSki · 01/05/2015 09:21

No. It's a private road. Unless you are going to negotiate a maintenance and nuisance contribution to the residents, who are presumably paying a premium to live there.

Allthelittlefoxes · 01/05/2015 09:21

No, it's not yours, you don't pay for it and you have no right to use it.

Stopandlook · 01/05/2015 09:22

No. Is this a reverse?

Original poster

JumpRope · 01/05/2015 09:22

There are signs up. Yesterday one of the residents always at the gate stopping people and asking if the lived on the road.

It has gates, but they are always open.

OP posts:

oddfodd · 01/05/2015 09:23

I wouldn't otherwise it will end up like that one in Dulwich where you have to pay £1 every time you want to use it

BikeRunSki · 01/05/2015 09:24

I didn't know about the rule dragon posted. I still think it's a bit cheeky though.

shewept · 01/05/2015 09:25

What does the sign say. I live on a private road we have no sign. A road near by prohibits people driving on it 7.30am-9am and 3pm-6pm if they don't live there. So if it was during those times I wouldn't use it. Outside those times I would.

Ilovewheelychairs · 01/05/2015 09:25

If you were a private resident living on that road, would you mind school run parents using it as a cut through to get to school? Bearing in mind that once one parent does it others will undoubtedly follow?

If you would be bothered by it (I would be) then don't do it.

Original poster

JumpRope · 01/05/2015 09:27

Dragon tattoo, I think you might be on a U.S. website there.

I am a resident, btw, and walk my dd to school along road. I keep having to get out the way of an old acquaintance as she merrily drives along (it's narrow in places) and am wondering.

OP posts:

base9 · 01/05/2015 09:35

It is either legal to drive on it or it is not. That would make my decision for me. I don't know if it is or isn't. People put up signs about lots of stuff that is not legally enforceable ("No returns accepted"). If it is legal to drive on the road, then ignore the signs and inform anyone guarding the gate that you are legally entitled to drive on the road. If not, stick to walking on it.

PatriciaHolm · 01/05/2015 09:40

It's complicated ;-)

www.privateroads.co.uk/background

Some private roads are highways, some are not, some become so over time. I would imagine that if these private road owners get too annoyed, those gates will start to be shut a lot more often!

We live on one, but it's a small close so no passing traffic. We have to pay to maintain it, but it's mostly gravel so not hard and a neighbour seems to enjoy raking it so we let him get on with it!

Original poster

JumpRope · 01/05/2015 09:41

from what I understand it is right of access, so if you are visiting someone or you live there that is what it's for. Not as a public thoroughfare.

OP posts:

TranmereRover · 01/05/2015 09:42

the link above saying that the public have a right to use private roads is from a US site NB, not UK and it's not the same as here.
I live on a private road which is a dead end across what used to be an estate. As well as being a private road, it is a public footpath so it's accessible to anyone on foot. It is not however permissible for anyone on motorbikes / in cars to use it other than at the invitation of the owners / residents.
If you weren't with your DD at the crucial time, I'd be tempted to walk very slowly down the middle of the road and not get out of the way for the trespassers... ALternatively, you need to use the gate for a while - which will be a hassle for residents but should break some habits among the casual users. How many houses are there that contribute to your road?there's always the option for electric gates / bollards but then you enter a whole world of emergency services issues, and goodness knows what a Hermes delivery driver would do

MaidOfStars · 01/05/2015 09:44

I live on a private road (not gated but well signed). I could not give a flying fig if someone uses it as a through road, especially a pedestrian. Would get grumpy at cars being parked though.

DidoTheDodo · 01/05/2015 09:48

No. I live on an unadopted road and we (the 6 people who live on it) have to pay for its upkeep.

All vehicles on our road cause wear and tear we have to pay for...would you contribute?

Original poster

JumpRope · 01/05/2015 09:49

It is different in the UK. I think roads with electronic gates have pager systems - we could afford it as the subs are a lot, but people are resisting.

Perhaps you live in a quieter area than me MaidofStars. We're in a busy commuter town, and the other roads about are chaos. I wouldn't want this road to become chaos too, as there isn't a pavement, and it's wouldn't be safe for the many pedestrians who do use it every day.

OP posts:

DidoTheDodo · 01/05/2015 09:49

PS Ours is not tarmacked, so does require extra maintenance.

DragonWithAGirlTattoo · 01/05/2015 09:50

sorry guys for the confusion x

DragonWithAGirlTattoo · 01/05/2015 09:52

TranmereRover would that be.....

penguin bollards?

londonrach · 01/05/2015 09:52

From what i understand you not allowed to drive down a private road unless you have a right to visit someone there or you live there. You can however walk down it. Theres alot of private roads in surrey..... So the answer is no you cant drive down it!

Songofsixpence · 01/05/2015 09:54

That link above is American.

There's some stuff here but it's quite complicated

I live on a private road, although a cul de sac rather than a through road. It is gated but the gates are never shut as it's a PITA to have to stop, get out of your car, open gate, get back in car, drive through.....etc, etc.

According to the information we got when we moved here, each house owns the area of road outside the front of our house and we are responsible for the maintenance and upkeep. There is presumed access for delivery drivers, postman, property owners guests, but it's not a right of way for the public.

We had issues with parents using us as a cut through to the school - we're a dead end but there's a pedestrian cut through (actually meant for our use) which comes out just behind our local primary school. Parents were parking all over the place (on our drive ways, blocking the road, etc) and using the cut through rather than parking outside school

Zampa · 01/05/2015 09:54

If it's not a public right of way already then residents need to restrict access at least once a year (by locking gates on Christmas Day for example) otherwise a right of way can be created.

There are plenty of rights of way across private land with no obligation for anyone but the owners to maintain.

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