Changing Title Deeds In Scotland

[annominous]

I live on a private road that is a cul-de-sac. There are nine other households who have a right to use the road as it is the only access to their homes. Each proprietor owns the section of the road that fronts their property and has the obligation to maintain only that section that they own.
I feel that this is an unfair allocation of maintenance, as my section is at the front. All the other households' cars, visitors and deliveries, including the bin lorry has the right to use my section of the road without having to pay a penny towards its upkeep. Obviously as it is a cul-de-sac, I never drive over their sections. Surely, the maintenance should be divided equally between all the proprietors and would it be possible to change the title deeds, in Scotland, with or without the others' consent?

[DangerUXD]

Sorry but I need clarification are you saying that not all the 10 households own a section of road? So some back on to it?? confused. Anyway not sure how it works up there but in England the best thing to do is all get together and get it to adoptable standard once then get the local council to adopt it.

[buildersmate]

Well I do know how these things work in England and, no, you wouldn't be able to do this in England & Wales without the consent of all the others.

No idea how this works in Scotland, but it seems unlikely to me. The point is you could drive over their sections of owned road, even though it is of little use to you.

However whatever happens, the cheapest way for you - and you could argue for everyone (if you can't do your proposed scheme) would surely be to organise a joint repair and maintenance job that everyone pays according to the square metreage of road that each individual owns.

Are we talking big money here? - it doesn't sound too much pain.

[annominous]

Hi Danger UXD
Thank you for your reply. All the households front onto the road. I should have said that my section is at the start of the road, (not the front, which was confusing) So all vehicles have to drive over my stretch in order to reach the other houses.
A

[annominous]

Hi buildersmate
Thanks for your reply. It is big money to me. I have been quoted £10,000 for tarmac for my section only, and it would need regular maintenance. Could be a bit less if everyone had their bit done at the same time but not all agreeable.
A

[woofgang]

golly, how big is the bit that needs doing and are they going to burrow the footings down to australia?

[DangerUXD]

Can you all get the road to adoptable standard then get the local council to adopt it?

[buildersmate]

So why not merely put crushed roadstome into the pot-holes? Who says it has to be finished to a tarmaced standard.

If this is such a big issue for you, were you not advised by your professional advisors about your obligations before buying? I don't think you can do what you would like here.

(DangerUXD - homeowners don't have a cat-in-hells chance of persuading the local authority to adopt an unadopted road without finishing it to the LA std - and that means kerbs, surface water drains, finished road-surface and probably footpaths as well. At least that's what happens in England. Very costly.)

[DangerUXD]

fair enough BM, I didn't know how far away from adoptable standard it was, the OP mentioned tarmac so I thought it may not be too far away.

[Skyline D]

Presuming the road didn't become a private cul de sac after you bought the house you presumably knew that when you bought the property. Caveat emptor applies here I think. If it's really a major problem to maintain the portion of the road then it should certainly have affected the value of the house when you bought it relative to similar properties elsewhere (or indeed further down the same road if there really is a significant difference in the maintenance costs.

£10,000 seems a scandalous cost for some basic tarmacing incidentally. How big is this section?