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Original poster

Ownership of roads on new build estate

14 replies

cheryl19843 · 12/11/2013 21:26

Were stuck in an ongoing process of selling our house and buying a new one. The house we are buying is only 3 years old, has been lived in but building is still taking place on estate. Roads
Are yet to be done. Our solicitor is having trouble with the ownership of roads in that it's not yet sorted by builders about who will own roads once estate finished. Is this really such a big issue? Can we not just say we don't care and will deal with it as and when we have to? Were desperate to move now- this has been going on since aug :(

OP posts:
fanoftheinvisibleman · 12/11/2013 21:34

I'm not an expert to be honest so I would take proper advice. I've seen threads on here that suggest it is fairly common on new estates and not a huge issue. But, we once viewed a house that was 40 or 50 years old and on an unadopted road. It was in the middle of an estate but I've never seen such a mess of potholes! I presumed that if the LA haven't adopted it they don't have to maintain it? I am prepared to be corrected obviously but I'd look into it.

DifferenceEngine · 12/11/2013 21:37

If the LA don't adopt it then you don't get any road repairs, or street lighting.

It can get very costly to repair a road

Talkinpeace · 12/11/2013 21:45

Lots of modern estates are being built with roads that will not be adopted
because

  • the roads can be narrower
  • the pavements can be narrower
  • car parking spaces can be smaller
  • garages can be smaller
  • street lighting need not be up to scratch
  • community facilities (shops, playgrounds etc) need not be installed
  • gritting is not the responsibility of the LA
shall I go on ?
steeking · 12/11/2013 21:49

I'mguessing that when the first owners bought the house new there was something in their contract with the householder about the roads in the development . Your local council may be able to help. They granted planning so there may have been an agreement re adoption then for the future.

bimbabirba · 12/11/2013 21:53

I recently sold a house in a new estate on an unadopted road and I was worried the buyers would freak. They did raise it and my solicitor explained it's absolutely fine as long as the constructors take responsibility for the road for as long as necessary i.e. Until adopted. I'm fact I didn't even know we lived on a private road until we came to sell.

GrandPoohBah · 13/11/2013 08:02

If you live on an estate with unadopted roads, you'll have to pay an amenity charge to maintain them. This can be anywhere up to around £1000 per year. Have a look at the land registry documents, if the developers aren't planning on handing them over to the council then it's likely that there's a mention of the house owners responsibility to maintain in the TP1 or deeds.

volvocowgirl · 13/11/2013 16:27

I'm on an unadopted road and the LA do our street lighting but not the road maintenance - we're responsible for the bits outside our houses.

Original poster
cheryl19843 · 13/11/2013 17:54

Our solicitor just doesn't seem to know how to solve the issue- he can't seem to find out why the bonds aren't in place and who will own roads once estate finished.its so frustrating!

OP posts:
Talkinpeace · 13/11/2013 18:03

then he's a twonk
if its going to be adopted that will show in the original planning permission.
call the local planning body (usually the district council) they will have it on file.

Original poster
cheryl19843 · 13/11/2013 19:31

Twonk is the best word ever haha and certainly describes him! He doesn't seem to have a clue what he's doing! Might try ringing the council myself.

OP posts:
Talkinpeace · 13/11/2013 20:55

Glad you like.
The origins of this internet name are the Ebay boards where swearing is utterly banned so we used to get very creative about how carp some twonks could be Grin

You might find your answers directly here ....
www.planningportal.gov.uk/inyourarea/

and if you do, suggest that your solicitor reduces your bill by two hours of my real life chargeout rate for such work (£90) and three hours of his own time (around £270) as he'd clearly a gimboid Smile

Original poster
cheryl19843 · 15/11/2013 19:37

We have now found out there is no bond in place or agreement between the builders and council. However we are not concerned because my parents live on estate and they were told when they bought from brand new that roads would be sorted once estate finished. Our solicitor has told our mortgage company because they may not be willing to lend on this basis?!? Is this right? How do people who live on private estates get mortgages? Or even my parents?!?!

OP posts:
Talkinpeace · 15/11/2013 19:40

what have the roads got to do with the house
Name and shame both neanderthal solicitor and off message mortgage lender

Original poster
cheryl19843 · 15/11/2013 19:56

So is what he's telling me not right? Should it not affect our mortgage offer? I am honestly about to scream!

OP posts:
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