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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We live on an unadopted road which is a cul de sac. There are

Resolved Question:

We live on an unadopted road which is a cul de sac. There are 12 residents and we all contribute to the upkeep of the road. There is no known owner. It is a gravel surface and gets small pot holes repaired and redressed approx. every three to five years paid for by the residents. It was done two years ago. at the end of the road there are three fairly new terraced houses which are not on our road but on the main road however they do have right of way on our road to the parking area at the back of their properties approximately 10 yards inside the road. They do not contribute to the upkeep. One resident of those houses who has several vehicles parks in his allocated spaces and at the end of the road this has at times caused access problems as the public add their vehicles and we have had a situation where delivery vehicles, bin lorries and bringing in my caravan have been unable to get in due to irresponsible an inconsiderate parking causing disruption to traffic in the main road (it is a bus route.) We do have a sign identifying the road as private and not to obstruct emergency vehicle access etc.. The individual has been spoken to several times but ignores our concerns. As a remedy we filled traffic cones full of concrete and by an large this has been fairly successful , now the said individual decides to kick them over or drag them into the church yard next door and carries on parking. He had an altercation with a resident over this he became abusive and said it was an unadopted road and could park there if he liked as we can't prove our right to stop him. The next day all six cones disappeared it is reasonable to believe he was responsible of course no one saw him do it. As residents can we enforce the situation to stop parking at the bottom of the road. We now want to put fixed steel posts possible collapsible with locks sufficient to prevent parking but to keep the road wide enough for a delivery/bin lorries emergency services to have access should the need arise? The council say we can but wont put anything in writing!
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know please?
Customer: replied 2 years ago.

Did you read what I have written the questions I wanted answered are there

Expert:  Ash replied 2 years ago.
You want to put steel posts in, but the Council wont put anything in writing. You want something for the Council in writing, is that what you want?
Customer: replied 2 years ago.

Question. Can we enforce parking legally placing obstructions ie fixed steel posts, or bollards etc to prevent obstructive parking bearing in mind this is an unadopted road supported by all the residents. The Council have said verbally we can if it is private but the obstructer claims because it is unadopted he can park there if he likes even though he is not a resident unless we can prove otherwise?

Expert:  Ash replied 2 years ago.
If you own the land then yes, this is because it is private land. If it is private land you can do what you want and even stop others parking there.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

If it is unadopted then what?

Can the residents take legal ownership of the road if so how?

Expert:  Ash replied 2 years ago.
Someone must own it. You can take ownership but it is slightly difficult. It can't be land which has no owner. I would suggest speaking with the Land Registry to see if they can shed any light.
If not then you need to be able to block access to others, so using the bollard as suggested. Once 10 years has elapsed (and only then) can you make an application to the Land Registry for possession. You must show that there has been access excluding all others for 10 years.
If there is no opposition then you take ownership.
https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

We will take the matter up with the land registry regarding the road the is no mention of the road on the land which my property stands on.

We cannot claim access is excluded to all as the houses fronting on the main street have right of way to access their parking area behind their houses.

Expert:  Ash replied 2 years ago.
Yes but if you have the bollards there and allow access to only those who need it, you are excluding the general public.
Unregistered land adverse possession guide:
https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003
Does that help?
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex