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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
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If there are 7 houses at the end of an adopted road that is

Customer Question

If there are 7 houses at the end of an UNadopted road  Sorry this should be UNADOPTED ROAD that is in such bad condition that emergency services can't access (nor utilities, including septic tank maintenance) and two residents refuse to pay for repair and maintenance, does the council have a statutory duty to ensure the safety or residents (i.e. that a fire truck can get up the road) and force residents to pay (I am in Scotland so Scottish Land Law applies)?

Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
No, the local authority has no duty of care to residents where the road is unadopted. The residents have to maintain the road themselves and the title deeds to the properties will usually set out their obligations in this connection.
The residents who wish to drive this forward would have to sue those not prepared to pay for their share of th cost of remedial works to the road. This is entirely a private civil law matter and the council has no duty of care.
However, although the council has no duty of care, it is able to serve a section 13 Notice under section 13 of the Roads (Scotland) Act 1984 requiring the residents to make up the road to a reasonable standard. You should contact the local authority in that connection and possibly your local councillor. You can read section 13 online.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Expert:  JGM replied 1 year ago.
And I should have said that if the owners don't do the work after the section 13 Notice expires the local authority can elect to do the work and charge the owners.