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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To not contribute to private road fund

172 replies

RoadFundRefusenik · 13/11/2017 17:15

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?

OP posts:
Jessikita · 14/11/2017 21:51

Hehe Kittikat. I understand how it happens. It’s like when people say “don’t get attached to the house you’re buying, it could all fall through.” That’s impossible for most people, your heart takes over and you start making dreams and plans of what furniture and decoration you want, so only natural to only want to hear the good stuff and it’s easy to overlook the bad things or view it as trivial. Especially if your Solicitor is going through quite a lot of stuff!

To OP, as other’s have stated I’d bet that the house owners at the time were paid a decent sum to have access granted over their road. That was their call and they should have got decent legal advice and factored that in when making a decision (I’ll also bet they didn’t take in what the Solicitor said after they heard the lump sum amount they were offered 😂)

The subsequent people purchasing the house, I assume would have visited the area and notice the public roads leading off from the private ones, and also should have mean told their responsibilities for upkeep - this was their decision as grown adults so I don’t think they should now be using threatening letters to harass you into paying.

The only advantage tomypuntompayimgnisnifnypunwant tonsell your house, it might put potential buys off when they have to drive over the poorly kept road to view yours so only you know what that’s worth to you.

Original poster
RoadFundRefusenik · 14/11/2017 21:58

This morning I met a neighbour from my road as we both wantonly abused the private road by walking to the shops. She has lived here for decades, held positions on the road committee, voluntarily payed into the fund dutifully for decades, contributes hours upon hours of her time to maintaining communal areas of the neighbourhood and knows everyone's business. And she. Is. Pissed. Off. About the new aggressive tone the committee is taking. She had a lot to say about the management of the road fund and the works it has paid for over the years and she plans to say it all to the committee in a sternly worded letter she is drafting. I thought I'd get some useful input from this thread and it would fizzle out but now I am stockpiling popcorn.

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Original poster
RoadFundRefusenik · 14/11/2017 22:09

Jessikita To be honest, when we moved here I was new to the country, not a citizen and was basically just moving in with D-not-yet-H so I wasn't involved in the discussions but he used an online firm for the legal stuff and they really were quite incompetent so I think probably the private road was never discussed.

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Original poster
RoadFundRefusenik · 14/11/2017 22:11

Oops hit post too soon. In all other respects Jessikita I think you've nailed it. Hearts winning over heads etc.

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sahknowme · 14/11/2017 22:15

When the council houses were built, could there have been a condition of building the "posh houses" that they get free use of the private road?

Evewasinnocent · 14/11/2017 22:20

There is a private unadopted road near us - in terrible condition - shame as lovely houses in the street (and expensive) - it is also the main access to a train station with a right of way. I use it (the road and the station) a lot and often drive and park near the station (all legal) - with nothing to pay (they have no ability to levy a fee). These unadopted roads are ridiculous and are just so people can say they live on a private road imo. I have read the committees minutes (they are on-line) and frankly ridiculous - they appear peeved people have the temerity to use this station and use their road! YANBU in my opinion!

Evewasinnocent · 14/11/2017 22:21

They also have old fashioned looking lights which don't work!!

Longdistance · 14/11/2017 22:22

I wish I could charge the fuckers that park on my private road. Alas, they are ignorant cunts!

Original poster
RoadFundRefusenik · 14/11/2017 22:32

Eve the moral outrage that people actually have the nerve to use their RoW is amazing.

LongDistance, guests of private road residents regularly park on our adopted road. Also, if a vehicle gets abandoned on the private road, they have been known to roll it onto our road so that the council will deal with it.

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KittiKat · 14/11/2017 22:37

They also have old fashioned looking lights which don't work!!

They don't need any street lights or pavements, only Council maintained roads do.

Jessikita · 14/11/2017 22:40

Roadfundrefusenik - if it’s not in the deeds for you to pay for the upkeep then it wasn’t an issue of heart winning over head’s in your case. You don’t have an obligation to pay.
Even if your Solicitor did discuss the easement with you, it wouldn’t occur to me to think “what if the people don’t maintain it and it affects my house price” so I don’t think by not paying or being aware you are at fault morally or otherwise.

On a side note I hate online conveyancing companies but of course I am biased but their cheap fees are no substitute for a mediocre, impersonal service. A decent Solicitor (and I accept there are rubbish ones out there) is worth their weight in gold, particularly in house purchases!

Originalfoogirl · 14/11/2017 22:44

I have no view on this at all. But I am rather impressed by the diagram. 😄

Original poster
RoadFundRefusenik · 14/11/2017 22:46

Kitti What bothers me is that they allocate road fund money to pay for and maintain these old-fashioned lights that look the part in the day but don't actually light the road at night in any useful way. It is just one example of poor use of the fund. If they simply said we aren't required to provide lighting that would be different.

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Original poster
RoadFundRefusenik · 14/11/2017 22:50

I agree about online conveyancing Jessikita. DH was probably enticed by the cheap fee but also the opportunity to avoid human interaction Grin. We won't make that mistake again

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Original poster
RoadFundRefusenik · 14/11/2017 22:52

I'm delighted by the positive reception my diagram is receiving. Halo

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honeyroar · 14/11/2017 22:55

A lot of people don't seem to understand the difference between a private road and an unadopted road. Councils can't just adopt a private road - it's somebody else's property. It doesn't add to a property or give cheap rates, it causes a lot of headache if shared by many people! I'd only buy a house with a private road if it was just my road.

Out of interest, how long is the part of the road used by residents that don't own the road (ie you and your neighbours), how much are they asking for maintenance, and from how many people? (Sorry, my iPad wouldn't show the diagram properly tonight!). Also what is the road surface? It makes a big difference to how much it would cost to maintain.. We used to use a private road. We paid £10/year as a gesture. That was in the 70s, but we don't anymore, the water board, who own the road, now do it. If I were in your shoes I'd contribute a little, but it shouldn't cost a huge amount per year if shared amongst a good few people, and especially if a basic, un tarmaced road.

ringle · 14/11/2017 22:55

I cannot make out the details of the diagram on my ipad because it isn't clear enough and I am in reading glasses denial.

Therefore YABU

Longdistance · 14/11/2017 22:58

That’s the thing, they’re NOT guests, they’re people from the next road Angry

The road only had 5 houses. We clean it, keep it tidy, maintain it. Not one if these fuckers volunteer to help. They park their cars, and their rubbish flies out. We’re so fed up. The council doesn’t give a crap. Penguin bollards?

KittiKat · 14/11/2017 23:07

Road No idea why they have the lights, probably because they were put in years ago and still want them. On my road we don't have any and no pavement and that's simply because we don't have to as we own the road and can do what we like with it. Our road, thank goodness is in excellent shape and should last at least another 20 years before any maintenance is needed. It is also a dead end road so not many vehicles go over it.

Original poster
RoadFundRefusenik · 14/11/2017 23:35

Honey actually my diagram doesn't give the whole picture because I just wanted to convey the gist but the whole length of the private road is used by non-residents, with access at both ends. In addition to those of us with RoW, it can be a bit of a rat run between an A road and another busy artery, as well as parents dropping off children at a school that has some frontage on the road.

My angry neighbour has been met with hostility when she asked for specifics about who is being asked to contribute to the fund. Lack of transparency is another reason we're reluctant to stump up.

It's basically a bingo board of worst-case scenarios for a private road.

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Original poster
RoadFundRefusenik · 14/11/2017 23:37

LongDistance I'm a bit put out that you've sullied my thread with reference to p*@#£!% bollards. Grin

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Original poster
RoadFundRefusenik · 14/11/2017 23:40

Kitti this road is also in quite good shape. Recently resurfaced, but they are already talking about wanting to resurface it again in five years. Hmm

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manicmij · 14/11/2017 23:46

Deeds or conditions attached to deeds should have detAils of whether or not you must contribute. I live on a private estate where the roads are managed by the council but deeds/conditions dictate houseowners are responsible for upkeep of all play equipment, woodland grass and planting. Conditions attached to Deeds is the place to go.

caringcarer · 14/11/2017 23:47

My sister has had to pay to resurface a private road. It was awful and full of pot-holes. There was nothing in her deeds but the road got so bad that it was damaging all of the cars by putting tracking out etc. She took out loan to pay her share. If you expect to use the facility of this road, which it seems from your comments that you do, then surely it is only fair that you do not leave it to others to pay and refuse to do so yourself. If all contribute then the cost will be less for each family. If you refuse to contribute then others will have to pay more. You must have known the road was private when you bought house.

Collaborate · 15/11/2017 06:39

Sounds like it is a public ROW if everyone is using it and there is access both ends.

I suspect that the residents of the road don’t even own the road themselves but that they too have the use of a ROW.

When they last resurfaced it they were foolish not to do it to highways specifications and then get the road adopted.