Maintaining a Private Road

Private roads are distinguished from public roads in that they do not belong to the local authority. It is generally built for the benefit of an individual or group of people who need access to land. However, it can be a highway that is accessible and usable for other classes of traffic. A private road can become a highway when used by the public over some time, but this seldom happens.

There are around 40,000 private roads in England and Wales. They are chiefly concentrated in Home Counties like Surrey, which has 2,000 of them. Some private roads date back to the late 19th to mid-20th century, the ownership of which are often unknown, although present residents can register title.

As private roads, residents cannot look to the local authority for their maintenance. Unlike public roads, they must be cared for by the private individuals who requested the construction or holds ownership of the road. These residents have to shoulder all costs associated with any private road maintenance. Concerned residents normally form an association that collects contributions, organises maintenance, and deals with other issues like insurance, parking, tree surgery, right of way, and the like. Depending on the association, maintenance and ownership of the private road can be done in a formal or informal manner. It is advisable for the association to create a corporation if it is to gain ownership and take responsibility of the road.

Knowing the facts about private roads is essential, especially if you are planning to buy a property along one. You can approach your conveyance solicitor or estate agent to verify the existence of an active and well-run residents' association or company. If so, you can buy the property with full confidence.

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