To not contribute to private road fund

[RoadFundRefusenik]

We live on a council-owned road that can only be accessed by crossing a private road. When we first moved here, the committee that maintains the road used to send a letter explaining that although we aren't on the road they would appreciate if we would contribute to the fund. For ten years we have ignored these letters.

Last year the tone of the letter was more pushy and implied that our contribution was not optional. This year in addition to this year's charge they have said that last year's demand is still owing and if we don't pay they'll register it as a debt that may affect our credit rating.

In the past we have chosen not to pay because as we see it we live on a council road and pay our council tax to cover these things. In addition, for the first several years we chipped in with our neighbours to pay for a gardener to maintain a council-owned patch of land between our properties and the private road that the council never tends to. Now we take turns with our neighbours to mow it, rake the leaves, take care of the trees etc. As part of this we also clear leaves from the private road and cut back tree shoots that overgrow that road so we do contribute, just not financially. Some of our neighbours contribute and others don't.

So AWBU to continue to not contribute to the road fund? And do they legally have the right to threaten our credit rating over this?

Your using a private road, you have to pay for it. Why are you expecting other people to pay for your usage? Its called free-loading and gets my goat up. The owners should put a toll gate up and charge people to use the road.

I wouldnt dream of contributing. It's going to cost a bloody fortune, I don't know what the poster above is getting for £50 a year!

Because they have access rights Julie

Your using a private road, you have to pay for it. Why are you expecting other people to pay for your usage? Its called free-loading and gets my goat up. The owners should put a toll gate up and charge people to use the road.

And here-in lies a gross misunderstanding of the rules around maintaining unadopted roads.

DancingLedge has given the best advice.

This is a legal issue. What is "fair" is irrelevant. The answer will be in the deeds.

i think you should contribute. you use it. it's goodwill, which is invaluable when it comes to neighbour relations.

Sorry I missed a few posts while typing.

Dancing I think our road was private developer but some of the other properties were council builds. Built in the 60s and earlier.

Kitti I do feel for the private road residents which is why I go back and forth on this. The annual fee isn't onerous. It's the attitude of the committee and the poor decisions they make about repairs that bother me.

If I was receiving threatening letters like that when I had no obligation to pay I would be thinking about suing for harassment!

Road I am not saying you should contribute or anything, I find the whole "private road" thing a pain in the arse. I wish we could get the Council to adopt ours. And as I said earlier, I will never, ever buy a house on a private road again. It's almost a "too many cooks spoil the broth" situation.

To be honest, when your properties were built, the Council should have sorted something out then.

Just had a thought - how did your properties get permission to get built? I would have thought the private road owners were paid a considerable sum by someone for access. There's food for thought for you.

I used to live on a private road and although there was nothing in the deeds requiring a contribution, we still contributed although it stuck in our throats to do so. It is not worth the aggravation to do otherwise.

Kitti I didn't know all of those requirements of getting a road adopted. The road is wide enough for two cars, has some lighting but probably not enough and has a narrow, dirt/gravel footpath so no reason not to adopt it I'd say.

What IS the benefit of living on a private road? Is it just the caché of a naice road? Are council taxes lower?

There is a private road not far from me that has a toll, it’s £1 either way to use the road - I wonder if that would be allowed in this situation? ( notvsaying they should just wondering!)

I sympathise OP about the bizarre legal letters and the folk with the gated community agenda.

What do you want to happen to the road? Stay as it is? If so I'd pay if it's £100 or less.

It is hard to see benefit of private road in your case.

I think the benefit would e if yours were the only house.

Cornishmum we intend to give them some choice words back when we have all the facts.

Kitti as I understand, the road was a dozen or so large houses and gradually one or two owners sold their land and 20 or so properties went up in their place. Repeatedly. I have wondered the same about how right of access came about. I can't imagine the owners of the posh houses just rolled out the red carpet!

Ringle I don't think it would make much difference to my life one way or the other (public or private). The only loss would be the entertainment value of reading the road fund AGM minutes and having a giggle about what some people waste their lives thinking is important (eg oldy worldy lampposts that look the part instead of modern ones that actually cast light).

FizzyGreenWater is absolutely right. They can't just deny access if it's the only way to get to your property.

If there's nothing in your deeds saying you're supposed to contribute, then tell them where to go. They can't register a debt as defaulted against your credit record as you haven't entered into any legal agreement with them!

Is charging a toll denying access?

Somebody has to pay for it.

Yabu to mock people for caring about things you don't care about.
Yanbu to object vigorously to the shitty letter though. Indeed, I'm happy to help draft your reply.

Are you in South East London by any chance, OP?

For some it might be a status thing! There are no real advantages I would say, having to pay to maintain a tarmac road. And definitely NO reduction in Council tax whatsoever. We don't even have a refuse collection, we have to take our bins to the end of the private road and put them on the grass verge on the main road. No street lights, no pavements. It's really spooky having to walk up the road in the dark.

There is a private road at the back of our house and it’s a complete mess , I’m amazed anyone manages to sell a house on it .

I would have thought that when the posh houses owners sold off parcels of land, access issues would have been agreed then, and there is every possibility they were paid by the developers to forego exclusivity of the private road. Whether or not this is the present occupiers isn't really the point.

(not an expert view)

YANBU - I wouldn't pay, especially because you already contribute to maintenance in terms of time.

The threats against your credit rating would seal things for me.

Awesome diagram.