Private Roads

We have a residents association which owns the road, residents form the management committee. We all pay an annual maintenance charge for the gardening of the communal gardens and road fund. Its a lovely community, we have a facebook group and have social events.

Germanshepherdsmum

*Aldom*, is that no extensions without the developer’s consent? That’s the norm. They can, and do, give consent for a fee.

No extensions at all. At one time I lived in a house built in 1947. Detached with a garage. No building was allowed over the garage of these properties. The whole road retained the original appearance. Not spoiled by a variety of add ons.

The planning rules still apply whether private road or not. I live on an amazing private road, it is rare houses sell. The last one was to a family moving back to the road! We did need the road resurfacing so one of our neighbours got quotes and everyone paid a share (only 1 didn’t).

Aldom, is that no extensions without the developer’s consent? That’s the norm. They can, and do, give consent for a fee.

Muse My home is ten years old. On a small development. We have either herringbone brick or tarmac roads. We knew that the roads (two only) would be unadopted when we were purchasing our properties. Part of the contract. There can be no further development of the properties, other than conservatories on the back. So no worries regarding extensions etc. We are self sufficient. It works well.

We’re in a very rural part of Cornwall. Even the narrow adopted road that we all drive up to is poorly looked after by the council. It’s of no interest to them as it’s not a touristy road.

Same here Maggiemaybe. Until recently we’ve had no families for years. A couple moved in and he drives like a manic in his works van. . A new family with dogs and a child have just arrived and have put speed signs up and children and dogs out. Not stopped him.

I’m beginning to think we’re very fortunate as the twelve houses on our road have recently all chipped in to have the lane behind us resurfaced. No-one abstained and one neighbour very kindly took responsibility for organising all the work.

Our street is unadopted and we were told unofficially by a local councillor that we were next in line for "adoption" if and when there was any spare money left in the pot at the end of a financial year (the street above us was improved in this way over 40 years ago, so we weren't holding our breath). Ten years ago the rare pot of money became available, and they bypassed us to improve the next unadopted street in the other direction. The reason given was that the local post office was on that street......five years later it was closed down.

Every time we get new people on the street they raise the idea, yet again, of us all getting together and having the road surfaced. It's never going to happen as there are always a few house owners who can't or don't want to pay towards having it done.

There is one advantage though of living on our unadopted street, and that is that (nearly all) drivers go very slowly down it, for the sake of their cars' suspension, so the children here have always been able to play out in safety.

The council adopted our bumpy road Muse when they decided they needed a school building in the area! Of course the red came before the school.
Compulsory purchase came next.
Prior to that there was a residents' fund. People just agreed to do it. It was largely informal but useful to fight the big housing development.

The only time councils will adopt a road is when it’s in very good condition. You’ll find this on the council’s website. We’ve looked into this then forgot about the idea.

You are very lucky aldom* to get all neighbours agreeing to pay into a voluntary fund and pay the same amount. Is it written in your deeds?

GSM is right. Our mortgage company wouldn’t lend without a indemnity insurance. that covered the right of way.

We own a private I adopted road and out only neighbour has a right of way over it. It seems to work ok.

The lane behind my house is unadopted, but it didn’t stop me from banding together with my neighbours to oppose a planning application to build four houses on it. (We won!)

I walk almost every day down a private road near here, and now and then there are planning notices concerning houses in the immediate vicinity, attached to lampposts.

It’s a conservation area, which may make a difference, but that hasn’t seemed to stop a few from demolishing a lovely old house and erecting a ghastly, ostentatious WAG-palace thing instead.

Whether the road is private or a public highway has no bearing at all on the matters OP describes. These are planning issues and she should contact her district council about them. Living on a private road doesn’t give anyone the right to do what they want with their property regardless of planning laws. There are other issues with living on a private road such as the right to use it and the services under it and maintenance responsibility, all of which should be dealt with by a buyer’s solicitor and appropriate advice given. Mortgage lenders will have specific requirements before lending money on a property served by a private road, which the solicitor will need to satisfy.

I live in a private road. It is immaculate and there are no problems whatsoever. We all pay a reasonable twice yearly fee to a management company who maintain the front gardens and save an amount which would in the future be used to repair the road if necessary.

We live on an estate that is nearly 9 years old and waiting for the council to adopt the main road into the estate. It has something to do with planning rules and a variety of builders being involved. Also a good deal of red tape and buck passing.

We had a spate of dumped, untaxed cars, a while back ,which the Police have no need to or interest in removing. It took a great deal local pressure to get them moved finally.

There's a private road opposite - packed with various untaxed cars and vans in need of repair, full of potholes, dumped hardcore and litter - and the council can't do anything.

Residents litter pick, weed and try to fill the worst holes, then downpours wash the gravel into the road below!

I think that the OP should get onto her local Council, I’m sure that living on a private road has no bearing on workers working until midnight or a Nursery opening illegally. Also the photo of her house should be removed from the FB page legally if necessary, I’m sure you still have basic rights as we all do. Our ex neighbours were in a private road and she objected to planning on her neighbours house and it didn’t get built.
It’s the actual road plus parking that you will have a problem with. I think you need to check your rights, unless you live abroad?

We're on a private road and as part of the planning process the council wrote to us with a neighbors proposal to which we could object. I would suggest getting a no parking sign -drive in constant use.

I lived on an unadopted road for many years and successfully fought off a major house builder. I don't understand why you don't have rights to object re planning, as muse says.

Yes, upkeep of the road was problematic, but we only had domestic properties on our road. Wd did, however, have a public footpath through woodland and sometimes had the drive blocked by people parking their car and then walking for hours on end. It was some years ago now but the police did come out and dealt with this.

Please check your rights. I'm sure you have more than you think.

Or are you living outside the UK?

I am so sorry you are having all these problems. There are 1000s of unadopted roads in the UK and solicitors really should point out to buyers of properties on these roads what the pitfalls are. There are many.

We live on one and our biggest problem is the maintenance of the road, which is horrendous. We are all responsible for our own frontage but no one owns the lane. Occasionally we group together to get pot holes repaired and the verges cleared but two houses at the start of the lane refuse to pay anything saying their section is OK. "I'm alright Jack" approach.

Our solicitor took out an indemnity insurance that shows on our deeds that we have right of way up the whole length of the road. This is really essential and important.

Re planning. You did have the right to object to that build and the council should have notified your father about the planning application. We and a few others on the lane objected to one of our neighbours building an extension. The application was turned down.

To help you, it is just as much an offence to obstruct an unadopted highway as any other highway. Inform the highway authority and/or the police that your access is being blocked.

It would be worth your while seeing a solicitor with regard to the plant nursery business and the fact that they have your house on their nursery facebook page. Most do a free half hour consultation.