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Collapsing Road...

C

chirpychippy

Joined
13 Nov 2006
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Kent
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United Kingdom
This issue is affecting our Garden.

Running adjacent to our garden for about 60 metres is an unmade road, there are properties on this road.

Between out fence there is a bank of soil with trees and shrubbery and what not that inclines about 2 metres to the unmade road, this road is collapsing and forcing the bank into our fence.

I have spoken to one of the homeowners that use this road and they informed me because the road doesn't have a turning circle at the end it is unadopted, neither the councils responsibility nor the homeowners.

Is there anyway I can find out who could own the road?

Alternatively, could I take a jcb down the unmade/unadopted "it's not my responsibility road"and clear my fence line?
 
Are you saying this road does not serve as access to your property.In my experience unmade and unadoted roads are owned and the responsibility of the owner of the property it serves and those alongside it. In other words yours if you use it for access. But your local authority should confirm this for you. Have you lived there very long, as more recently properties like this are sold with indemnity insurance which may help you. Yes I know of no reason you can't use a JCB to maintain your property if you have rights of vehicular access. As long as you don't cause further damage or prevent access for others.
 
Last edited:
jj4091 said:
Yes I know of no reason you can't use a JCB to maintain your property if you have rights of vehicular access. As long as you don't cause further damage or prevent access for others.
Click to expand...

If he blocks it for a few hours with a JCB, no doubt that those who might have rights over the lane, will appear to complain.
 
jj4091 said:
Are you saying this road does not serve as access to your property.In my experience unmade and unadoted roads are owned and the responsibility of the owner of the property it serves and those alongside it. In other words yours if you use it for access. But your local authority should confirm this for you. Have you lived there very long, as more recently properties like this are sold with indemnity insurance which may help you. Yes I know of no reason you can't use a JCB to maintain your property if you have rights of vehicular access. As long as you don't cause further damage or prevent access for others.
Click to expand...
The road isn't an access road to my property, it runs along the length of our back garden and further until it joins a main road.

The road serves 9 properties.
 
chirpychippy said:
This issue is affecting our Garden.

Running adjacent to our garden for about 60 metres is an unmade road, there are properties on this road.

Between out fence there is a bank of soil with trees and shrubbery and what not that inclines about 2 metres to the unmade road, this road is collapsing and forcing the bank into our fence.

I have spoken to one of the homeowners that use this road and they informed me because the road doesn't have a turning circle at the end it is unadopted, neither the councils responsibility nor the homeowners.

Is there anyway I can find out who could own the road?

Alternatively, could I take a jcb down the unmade/unadopted "it's not my responsibility road"and clear my fence line?
Click to expand...
You need to check with council I would not accept hear say advice.
 
chirpychippy said:
The road isn't an access road to my property, it runs along the length of our back garden and further until it joins a main road.

The road serves 9 properties.
Click to expand...
My understanding of that situation is as I said, the properties that the road services are the owners and responsible for it's maintenance. Whether they are responsible for any damage that subsidence causes to your property I am not sure. It would appear you do not have a right of access specifically but as far as I know you do have the right to go onto land that that borders yours in order to maintain yours. I would think in this situation if you cannot get your neighbours to help then you need to consult a solicitor. You can get 30 mins free consultation at any solicitors as far as I know. The other possible source of help might be your home insurerer if your boundries are covered by your policy and being damaged.
 
Round here, roads that that are not looked after by the council have signs that say unadopted or private, often attached to the road name sign.

If not, it's worth checking with the council to make sure what you've been told is correct.
 
chirpychippy said:
Is there anyway I can find out who could own the road?
Click to expand...

You could go to the Land Registry website

(The real one, "gov.uk" not the copycat sites run by fraudsters)
https://www.gov.uk/government/organisations/land-registry

And see if the road is mapped as a property.

If not, look at the adjacent properties ( including your own) and read what rights and obligations they have.

You can download the "deeds" including a map and the terms for any registered property for a modest fee, you can do basic searches for nothing.
 

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