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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8980
Experience:  I have been practising for 30 years.
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Adopted Streets, Private Land and Frontages.... In respect

Resolved Question:

Adopted Streets, Private Land and Frontages....In respect of Street or Highway maintenance. If a highway authority has constructed pavements or footpaths on a Street that includes private land or frontages, and is classified as an 'Adopted' Street or highway, are any frontages highlighted in Blue on the ordinance survey map also part of the 'Adopted highway?Also can a local highway authority construct a pavement or footpath on private land without acquisition or 'adoption' of the land?
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

The reference to blue on the ordnance survey map is not relevant.

It is what is in the land registry and council records which is relevant.

The local authority cannot do anything on private land unless they compulsory purchase order.with the consent of the owner. If they do, then it is trespass.

Can I clarify anything else for you?

Please rate the service positive. It is an important part of the process by which experts get paid. It does not cost you anything but helps us greatly.

Best wishes.

FES

Customer: replied 7 months ago.
Hi, if a highway authority has constructed a pavement or footpath on a Street and the local authority has classified it as an 'Adopted' highway are they responsible for its maintenance?
Customer: replied 7 months ago.
Hi, the above question is a clarification?
Expert:  F E Smith replied 7 months ago.

They are indeed.

The local authority will not normally adopt an area until it is up to their adoptive standard but once it’s adopted, they are responsible for maintaining it.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8980
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi, thank you for the clarification, that clears up the legal issues. Thank you.

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