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Unadopted Road - What are you responsible for?
Hi all, my friend has been looking at a little cottage in Southport to buy but it is on an unadopted road and she has been told she may be liable for the road maintenance, gas/electric/water and phone line maintenance. Is this correct? Does anybody know. She has asked the owners of the other 3 cottages that are there but they don't seem to know what they are responsible for. She has also asked at the estate agency where the property is advertised but they can't help either. Please help. Thanks.
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http://www.bracknell-...env-road-adoption.htm
this says that the person owns half of the roadway outside their house
this says that the person owns half of the roadway outside their house
Section 3 of this document is relevant:
http://www.parliament...ng-papers/SN00402.pdf
Some real-life situations here:
http://www.guardian.c...iansocietysupplement5
Chris
http://www.parliament...ng-papers/SN00402.pdf
Some real-life situations here:
http://www.guardian.c...iansocietysupplement5
Chris
That's a damn fine and useful document, Chris (the first one) - not one I'd seen before.
Suggest you read the first of Buenchico's document then come back with any questions.
It is your solicitor who should be advising you about this though.
Gas, electricity and phone lines are the responsibility of the utility provider up to the meter (junction box inside the house in the case of the phone. Water is the responsibility of the utility provider up to the main stopcock at the property boundary.
Sewage (if the cottage is connected) is a little more complex - but you didn't ask about that.
Suggest you read the first of Buenchico's document then come back with any questions.
It is your solicitor who should be advising you about this though.
Gas, electricity and phone lines are the responsibility of the utility provider up to the meter (junction box inside the house in the case of the phone. Water is the responsibility of the utility provider up to the main stopcock at the property boundary.
Sewage (if the cottage is connected) is a little more complex - but you didn't ask about that.
Can't add any more info as Chris' link tells all.
If it were me, I'd now consider the current state of the lane, the length of it and the number of potential users. If its in good condition with 2 or 3 houses along it, its just as likely to last a lifetime. On the other hand if its potted and rough and used by many large vehicles, I'd either steer clear or nail down an agreement with the other people there to invest in it jointly.
If it were me, I'd now consider the current state of the lane, the length of it and the number of potential users. If its in good condition with 2 or 3 houses along it, its just as likely to last a lifetime. On the other hand if its potted and rough and used by many large vehicles, I'd either steer clear or nail down an agreement with the other people there to invest in it jointly.
That is more of a legal presumption of ownership to the midway point of the frontage.
The actual position needs to be checked by someone who knows what they are taking about so highly advisable avoid cheap processing conveyancers, get a an experienced property lawyer.
This is quite useful as it gives you some general information which also assists in some useful points for consideration you friend might not have considered.
http://www3.lancashir...5409&pageid=29027&e=e
It needs to be properly checked that there is a sufficient right of way granted in order to get all required access to and from the property (on foot and by vehicle) including rear or any other access required to the land over any land outside that to be purchased.
Any restrictions or obligations need to be checked carefully in the specific wording in any documentation and the circumstances of the individual property and those of your friend.
I imagine that the agents have the contact details of the seller and their solicitors to be able to see if they can pass over any information they have or can get about the private road (I'd say any decent legal advisor acting for a buyer would ask for it!). Unless it's a special property for any reason and they have plenty of potential buyers then you'd think in this market they would try to be helpful.
Beware if a simply answer of we have/we will get an indemnity insurance policy to cover it - she needs to know the position, the cover and any potential implications properly to be able to judge whether this is sufficient. Like any insurance policy, it's not always a failsafe so she needs to know the level of risk.
The actual position needs to be checked by someone who knows what they are taking about so highly advisable avoid cheap processing conveyancers, get a an experienced property lawyer.
This is quite useful as it gives you some general information which also assists in some useful points for consideration you friend might not have considered.
http://www3.lancashir...5409&pageid=29027&e=e
It needs to be properly checked that there is a sufficient right of way granted in order to get all required access to and from the property (on foot and by vehicle) including rear or any other access required to the land over any land outside that to be purchased.
Any restrictions or obligations need to be checked carefully in the specific wording in any documentation and the circumstances of the individual property and those of your friend.
I imagine that the agents have the contact details of the seller and their solicitors to be able to see if they can pass over any information they have or can get about the private road (I'd say any decent legal advisor acting for a buyer would ask for it!). Unless it's a special property for any reason and they have plenty of potential buyers then you'd think in this market they would try to be helpful.
Beware if a simply answer of we have/we will get an indemnity insurance policy to cover it - she needs to know the position, the cover and any potential implications properly to be able to judge whether this is sufficient. Like any insurance policy, it's not always a failsafe so she needs to know the level of risk.
I live on an unadopted lane and we have formed an association; we all pay 55 a year. Since we've lived here we've had the lane tarmacked twice and the hedges are trimmed in the autumn.
Your solicitor will find out what happens at this particular house but it will cost extra I expect.
It's worth asking whether the council will adopt the road.
Your solicitor will find out what happens at this particular house but it will cost extra I expect.
It's worth asking whether the council will adopt the road.
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