Things to Consider When Buying a Property on a Private Road

Manisha Bhula and Emily Boorman, in our Residential Property team, explain the factors to be aware of when buying a property on a private road.

A private road, or an unadopted road, is a road which is not maintained at public expense. The Local Authority will therefore not be responsible for the upkeep of the road, or the associated costs.

You will know if your property is on a private road if the seller or estate agent advise you accordingly, or this is revealed in the results of the searches undertaken as part of the conveyancing process.

Ownership and Access

A private road may be owned by:

• A single property
• Several or all of the properties
• The developer

If the property you are buying is accessed via a private road, it is important to check if the property you are buying comes with a right of access over that road. Your legal adviser will be able to check if there is a right of access in the Title Register provided by the Land Registry.

If there is no right of access in the Title Register, your legal adviser will advise you what can be done next to ensure that you will have a right to access the property.

Maintenance

The “frontagers” will be responsible for maintaining the road and paying any maintenance costs. Frontagers are the owners of properties with frontages on that road. It is important to note that an  owner of a property which is next to the road, but does not get access from that road, may still be considered a frontager.

Maintenance of a road may range from repairing potholes to a complete resurfacing, but can also include sweeping and gritting the road in icy conditions. In some areas, the local authority’s website will indicate if they are responsible for gritting the road.

A special residents’ association or private management company may be set up by those who live on the road, specifically to deal its upkeep and the costs involved. Your legal adviser should therefore ask the seller if this is the case.

If there is no residents’ association or management company, your legal adviser will ask the seller how responsibility is apportioned and how the costs of maintenance are shared with the other residents who live on the road. For example, it may be the case that an individual property is protected from being liable for any repairs and costs unless all properties agree to share the costs equally.

The Local Authority has the power to order those responsible to carry out repairs to a private road if the road is a danger to traffic. If those responsible ignore that order, the Local Authority has the power to carry out repairs itself and demand that those involved meet the costs involved.

You may still individually bear the cost for certain maintenance and repairs, for example if any perimeter fencing or walls fall within your property’s boundaries.

Insurance

Private Road Insurance can be taken out to cover liability in case of third-party injuries. This may be required by the special residents’ association or management company. If necessary, your legal adviser will ask the seller how the cost of the insurance premium is shared, and who organises the insurance. It may be the case that insurance is not required.

Adoption

Private roads can be adopted by the Local Authority.

The people responsible for the road can request this, or the Local Highway Authority may instigate the adoption process. There are different ways of this happening, depending on whether the road is newly built (such as a new road within a new development), or whether the road needs to be brought up to a good standard (up to an “adoptable” standard).

The Local Authority may (and usually does) require that the road is maintained to a suitable level before adopting it.

Advantages and Disadvantages of a Private Road

Advantages may include:

• Privacy
• Less traffic
• Less noise
• More security
• More parking

This will depend on who has a right of way across the private road. Usually, the general public will have no right to use the road or park on the road.

Disadvantages may include:

• Costs of maintaining and repairing the road
• Any disagreements with neighbours about the costs
• Issues if maintenance or repairs are not agreed, or not carried out
• Additional insurance
• May not have street lighting

If you need assistance with buying or selling a property, please contact any member of our experienced Residential Property team who can advise and guide you through the process.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.