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?

The private road owners by us had five houses that needed access but were in dispute with the owners of the private road on repairs. The owners of the private road installed bollards with enough space for car access/ van access but no lorry could get down. The anger and the disputes is still ongoing helped by one owner being a lawyer.

I live on a private road. A little dead-end one with about seven houses and no lighting. We don’t have a fund I’ve no idea what will happen if/when it needs repairs. We did get some kind of policy on the advice of our solicitors when we bought the house, which will cover us, but I don’t know how/who will decide it needs doing.

Anyway nice diagram OP and I wish I did pay lower taxes for living here

One of the joys of living/ needing to use a private road to access property etc. Providing your checks with the council and land registry confirm, then of course you should contribute, why should your neighbours be footing the bill?

The neighbours who are legally responsible should foot the bill because it’s their responsibility and I’d put money on they accepted a handsome sum for granting the right of access (easement.) That was their call to consider future impact of maintaining the road despite the houses on the public roads not being obliged to contribute.

They made that decision. Can’t visit their poor judgement on others.

In addition to those of us with RoW

Sorry if I missed this OP, but are you now saying you do have a legally documented RoW? Are there any terms and conditions attached? Surely you just have to meet those?

Op, have you checked your title deeds yet, this is number one. Everything after is up for discussion but you need to understand your legal obligations as your first step.

It doesn’t matter who is angry, how nice or crap the lamp posts are, what the neighbours think, how transparent the committee are, you need to understand if there is a covenant in your deeds which states you need to contribute to the road or not.

We bought a house on a small cul de sac of 8 houses. Our solicitor found the Road was unadopted and applied to the council who adopted it. It was part of a new build estate, persimmon homes hadn’t got any of the roads in it adopted. About 300 houses in all. Our neighbours didn’t have a clue, many had bought from new.

The lack of transparency presumably includes not letting anyone see their accounts or, even worse, not keeping proper accounts.

Pearl I don't know all of the proper technical terms. But there is literally no way to access our road without driving on the private road. The council approved the creation of our road and it isn't private. So what is that?

Blunt As I mentioned upthread, I have looked at the deed and there is nothing about the private road at all. Not about its existence or about maintenance obligations. Nothing.

I have looked at the deed and there is nothing about the private road at all. Not about its existence or about maintenance obligations. Nothing.

Not even about having RoW to access your property?

Ok if the deeds remain silent and there are no covenants added, then you do not have to pay. You also do not have right of access. This is someone’s private land. You can go to court and claim it, but I’d assume they will counter claim you need to pay maintenance, which is reasonable.

Personally I’d be looking for a compromise agreement. They cannot say you have a debt, that’s ridiculous. They can say access over their land will cost you x amount per annum. You can either pay or not use it. A bit like a toll road.

I’d also say legally right now they hold all the cards. It’s their land and if you have no formally declared right of access, then they do not have to let you use it. You however need to use it. As such right now they hold the balance of power.

But if any of the residents there has had uninterrupted access for many years, it may have become a public right of way by default.

Bluntness100 that isn’t true. The OP has an equitable easement.

I refer you to the latest government guidance on the legislation:

Easements over registered land that have arisen by implied grant or reservation or prescription do not have to be completed by registration to take effect at law. In almost all cases, the easement will be an overriding interest (paragraph 3 of Schedule 3 to the Land Registration Act 2002).

An implied or prescriptive easement can be registered as appurtenant to the registered estate in the dominant land (rule 73A of the Land Registration Rules 2003).

So the best advice would be is when/if they sell to request their Solicitor registered the easement for the avoidance of doubt.

why haven't you involved the local council in this considering it was their responsibility to have sorted this before they allowed development?
How did they expect people to get access to their own homes?

i'd sue the council.

Also, get in touch with your local MP so they can look into this farce.

I'd also keep using the private road, they cannot physically stop your access.
If they tried that i'd be involving the police.

Excellent diagram OP

ooh, I do love an equitable easement!

local council in this considering it was their responsibility to have sorted this before they allowed development?

No it wasn't.

nothing to add OP... but watching with extreme curiosity and interest

I have nothing to add; except that, as usual, I am impressed by the level of expertise on MN. I still think about the "Spanish Granny, the cf's whose window turned into a door into the garden thread."

Completely off-thread, but topical to private roads, I would like to give you a bit of a smile.
I don't know if anyone dislikes politicians as much as I do. If you do, this may make you smile a bit. It is American, but the irony is fabulous.

"Couple buys private Presidio Terrace road in San Francisco for $90,000." Sacramento Bee (SacBee) I tried to link a reputable paper, but I was unsuccessful.

Of course, they are suing the couple. The yearly fee was $14/year. The big mystery is how this auction went to an immigrant couple and not someone "connected" to the city.

I have nothing to add; except that, as usual, I am impressed by the level of expertise on MN. I still think about the "Spanish Granny, the cf's whose window turned into a door into the garden thread

that Thread was incredible... I couldn't sleep for checking for updates

I don’t agree that those who use it should be the ones who pay. Our last home had a really big bit of land near it which included a path and SUDS ponds. It was paid for by each of the homeowners in our estate, who in some sort of way legally “owned” the land through some convoluted legal agreement the council put in place with the developer and a maintenance company which meant this “privately owned” land didn’t have to be adopted by the council. It became a well known place for dog walkers. The same is true of the communal space where we live now. Many of the dog owners who take their dogs to crap on the grass outside our house don’t live on our estate, and it is us who pay to have their crap picked up.