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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The road outside my house is not owned or maintained by the

Resolved Question:

The road outside my house is not owned or maintained by the local council, although they do own and look after most of my road! The road surface is in a terrible state and is breaking up in chunks so will no doubt continue to decline. There is also a drain in the middle of the road.
Searches with the Land Registry have determined that the road is actually owned by the lady who owns the flat opposite my house but she claims to know nothing about it (although I have suspicions that when I spoke to her it wasn't news to her).
Am I able to persue any cause of action without her involvement e.g. trying to get the road adopted by the council?
Do you have any advice as to what my options are and what actions could be taken?
Grateful for any tips, thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have shown the lady a copy of the deeds?

Customer:

Yes, I gave her a copy of what LR sent to me. I also gave her a copy of my own Deeds as they differ slightly from the deeds showing the road ownership. My deeds show I own my tiny front garden (about 4ft sq) but the deeds I got in my reasearch last year shows she owns them.

Customer:

I suggested perhaps her own deeds may differ to my research deeds.

Alex Watts :

Ok, so do her deeds show her not to be the owner?

Customer:

She never came back to me and seems unwilling to discuss it again, but by her response she was not shocked. I think she knew she owned it. Seems odd though because she has a one storey flat and the rest of us in the unadopted corner have 2 or 3 bed houses. Seems odd that she would be given the road to own/maintain.

Attachment: 2015-02-06_104713_42_pewsey_vale.pdf

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Attachment: 2015-02-06_104827_land_registry_plan.pdf

Full Size Image

Alex Watts :

Indeed. What is it you want to achieve?

Customer:

I want to know my option re fixing the road. I quick internet search talked about being able to get the road adopted by local authorities. Not sure how willing they are to take them on or how long a process this would be. I guess its about what my options are and how hard it is to get a road (or part of one) readopted.

Alex Watts :

Do your deeds say she is responsible for maintaining it, or just that she owns it?

Alex Watts :

Do the LR deeds say she needs to maintain it?

Customer:

Were you able to open my previous attachments?


Alex Watts :

Yes but it talks about various bits of land

Alex Watts :

All I need to know does anything say she is responsible for the upkeep

Customer:

Were you able to open my previous attachements? Not sure what wording I'm looking for in the deeds does it come under a particular section?

Alex Watts :

There is nothing I can see that says she must maintain it.

Alex Watts :

Therefore unless there is anything to the contrary she does not have to

Alex Watts :

There is no obligation for her to do so

Alex Watts :

However if there is an injury or accident (damage to vehicle) then the owner may be liable

Alex Watts :

If she has been warned she is the owner, refuses to repair and there is damage then she may be liable in negligence.

Alex Watts :

But you can't make her repair until there is an issue, because there is no legal obligation in the deeds to do so

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Honesty is good thank you. You think I can't look at getting the road readopted as I'm not the owner?

Alex Watts :

it could be possible but you would need to speak with the Council.

Alex Watts :

The lady should not object if she maintains she is not the owner

Customer:

Thank you for your comments today.

Alex Watts :

Happy to help. If this does answer your question can I ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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