How do unadopted roads work?
We are buying a property in Fitzroy Ave Kingsgate Broadstairs and understand the road is unadopted and would like to know how this works and what we are responsible for?
Asked on Apr 20 2011,
General in Broadstairs |
It means the council's highways department will not look after it. If its on a new housing estate it may be that the builder has covenanted with the council to bring the road up to an adoptable standard and may have paid a bond in case of default: your legal adviser should check. Otherwise you will be responsible for contributing towards repair/ improvement.
Answered on Apr 20 2011,
Thanks very much for this very helpful I believe the Road is old but the property is a new build and that we have to pay £35.00 a year to somebody for the maintenance which is fine my main worry is that what if there is a burst water main, sewerage, electrical, gas etc that goes in the road are we also responsible for the cost of this too as £35.00 per house wouldn't cover it. Maybe I'm being a bit of a neurotic but never had to deal with a private road before
Answered on Apr 21 2011,
While statutory undertakers (water main, sewerage, electrical, gas etc) have a right to lay utilities in an adopted road, if the road is private they don't unless they get a wayleave (permission). So if they suffer a burst etc then the responsibility for maintaining the road is laid down by the terms of the wayleave. I feel your legal adviser should check with the owner of the road what the arrangements are. I think you're right to be neurotic. This home won't be much use to you if its the other side of a big ditch with a gang of chaps leaning on shovels inside.
Answered on Apr 22 2011,
Thanks again and once again very helpful I will certainly flag up with our Solicitors but as with all things legal its getting the question right in the first place to get the right answer and I will use your response in our question - I believe the road is unadopted and not private as the council collect rubbish from the st so I guess this makes a difference on the positive side - hopefully!
Answered on Apr 24 2011,
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