Private road???

[Lucybooboo]

The lady who lives at the other end of our cul de sac is claiming that her end is a private road. There is no sign stating this. This morning she told my boys off for riding their bikes onto "her road". My question is, I'm not debating whether the piece of road is hers or not, but whether she can stop people walking on her road if there is no sign stating that fact? I mentioned this to her, to which she replied I should know because the Tarmac is a different colour to the rest of the road. I will keep my kids away from that end of the road in future, as I don't like conflict where there is no need for it, but I was wondering if anyone knew where she stands legally on this?

Not a solicitor but I don't have a sign on my front garden saying it's mine but I'm pretty sure that doesn't give people the right to walk on it - unless of course they have been doing so for so long it's stablished a right of way.
However, as to whether she does own it you can do a land registry search to find that out.

Council/highways should be able to tell you.

I don't think I explained myself very well. I live on a road where there are 13 houses. We've been here for 12 years and this is the first I've heard that the 3 square metres of turning circle in front of her house is a private road. The point I was trying to make is that as there is no sign, so how is anyone supposed to know that it is a section of private road. My boys have been riding their bikes up and down the road for tears now and no-one has said anything. It came as such a surprise this morning that after all these years she would complain that they were on her private land. I thought her boundary ended at the pavement like every other house in the close. It really is not obvious that this is part of her property.

It's highly unlikely to belong to her, whatever she says.

I'm a lawyer. You need to get a highways search from the council to confirm what is private road and what is public highway.

She might be right. Small areas of private road are surprisingly common. You'll need a highways search to confirm. You can get one by submitting a plan and fee to the local council showing the area you want to search. A googlemap with a red line around the larger area should be enough.

She can warn you off her property if it is private land regardless of signage - you don't need a front fence or signage at your garden although there often is a sign and there are complex legal points about whether you may have formal rights of way or easements over it or can prove habitual use in order to claim an easement has arisen. You'd probably need a lawyer to look at your title deeds and highways searches to confirm

Do a title search or ask your rights of way officer at your district council. Even if it is not adopted it could still be a public right of way.

If the road is unadopted then she doesn't need to have a sign sayingI private property, though it would probably be a good idea if she wants to keep people off it. Check with your council.

You can search on the landregistry website and buy the deeds for that bit of road to check and as someone said the local council high ways people may be able to tell you.