Property Searches / Council / Where do we stand?

[Jackbrad13]

I purchased my home approx 10 years ago and the searches came back that the road was adopted, I recently had to call the council as a drain was sinking outside my house to be told that the road is in fact unadopted!! The council have always maintained the road (cuts the grass, sweeps the road, cuts a hedge that is in the middle of the road etc etc) and have actually even been out to fix the drain!
I have spoken to the rest of my neighbours and out of 8 houses affected (it is not the whole road just part), 4 have paperwork from the council / solicitors confirming the road is adopted when they purchased their homes, ranging from 20 years to one in the last year, the other 4 homes in that part of the road have paperwork (searches) that state it is unadopted.
We have made a formal complaint to the council, who have not responded in 3 months and we are doing another chaser to them this week.
Does anyone know where we stand here from a legal point of view?
We obviously would not have purchased the property had we known it was unadopted as don't understand the full implications and obviously this will have a negative impact when we sell as well as financial implications.
We have been told that it is highly unlikely that the council will adopt this part of the road (even though either side of the road is adopted)
Does anyone have any suggestions?
Thanks in advance

If the road is unadopted, you and other householders fronting the road are responsible for maintaining the road.

If the LA gave incorrect information in the search, they are likely to be liable for the difference between the price you paid and the price the property would have fetched if it was known that the road was not adopted. If they continue to ignore you, consult a solicitor.

It sounds like there are several people with possible claims against the council over this. If you work together and the LA realises it will have to compensate all of you, they might decide to make the problem go away by adopting the road.

I would also speak to your local councillor and get them to advocate for all
of you. How can one side be adopted and not the other? Sounds very odd to me (and I live on a bridleway!)

Thanks, ideal situation would be that they would take on the road, but the fact that 4 other neighbours have paperwork that says it is already unadopted, they are benefiting so I really don't know what they will do!
So frustrating.

Thanks, we are going to be contacting our local councillor, it is all very frustrating, it is only a section of the road (developers apparently didn't finish the road off to the council standard or so the 4 who have the paperwork stating it is unadopted tell me), but leaves the other 4 in a real predicament!

So the neighbours records show it’s not adopted? And neither is your side? I think you said 4 neighbours had confirmation it was adopted?

Each side might be different if there’s a hedge down the middle. What’s the history of the road? Are there any obvious differences in surface? Drainage? Ask what wasn’t done to the correct standard when compared to the adopted side. I would smell a rat here. Get your councillor involved and ask them to dig out info. It’s not a very high bar for adoption but they won’t adopt if it’s a private road with too many houses on it. We have one where I live and I know of quite a few in towns nearby.

Hi there. Was just wondering what the outcome of this was? Thank you!!