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Old 18 May 19, 04:39 PM  
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marypoppins38
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We live in a similar road. Four detached houses and we all own a bit of the road and grassy area. Itís on our deeds that ours is a private road. I would be pretty unhappy too if kids from outside the close were running amok and kicking balls at cars. I would maybe have a word with parents and point out that damage is being caused and they really should not be playing there as it is a private road.
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Old 18 May 19, 04:49 PM  
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Omega1
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Originally Posted by 400ixl View Post
Unadopted and private are two different things.

Unadopted means the local authority have now responsibility.

Private means the land is owned by an individual, company or consortium of individuals and is registered as such with the land registry.

It can be unadopted and public if the registered owner is not known and registered. Often the frontage owners jointly maintain these types of roads. But they aren't private as such.

First step is who is the land registered too.
Thatís my understanding as well. To me it sounds as though the road is unadopted but not private ie it is a public right of way.
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Old 18 May 19, 05:14 PM  
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i've just found the drawing - it's actually within our boundary so it is private, with access to the other cul de sac houses.
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Old 18 May 19, 05:14 PM  
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Ownership is not the deciding factor as to whether the road is public or private.

The local authority highways team can tell you the status of the road or at least whether they deem it a highway (public)

Lots of title deeds include land which is adopted highway which is why that is only relevant if you find that the road is private. If it is then the owners can restrict access by the public.
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Old 18 May 19, 05:25 PM  
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Originally Posted by vhm672 View Post
Ownership is not the deciding factor as to whether the road is public or private.

The local authority highways team can tell you the status of the road or at least whether they deem it a highway (public)

Lots of title deeds include land which is adopted highway which is why that is only relevant if you find that the road is private. If it is then the owners can restrict access by the public.
so it it's in my boundary and i'm responsible for it's upkeep (i know this) it's not private?
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Old 18 May 19, 05:48 PM  
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400ixl
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Originally Posted by vhm672 View Post
Ownership is not the deciding factor as to whether the road is public or private.

The local authority highways team can tell you the status of the road or at least whether they deem it a highway (public)

Lots of title deeds include land which is adopted highway which is why that is only relevant if you find that the road is private. If it is then the owners can restrict access by the public.
Highways can only tell you if it is adopted. Used to work for the local authority highways dept years ago.

That and the land registry info will tell you if it is registered as private. Adopted trumps all, even if privately owned.

Also have to consider how old it is and whether there is through access as all determine whether there is a right of way, even if private.

Do your deeds show you owning the whole road, or just the portion outside of your frontage. What do they say about access rights? If are shown as owning it all then there must be something in there for access for others. If you only own part then again there should be something about your and others rights to access.

Edited at 05:57 PM.
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Old 18 May 19, 06:00 PM  
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Originally Posted by 400ixl View Post
Highways can only tell you if it is adopted. Used to work for the local authority highways dept years ago.

That and the land registry info will tell you if it is public.

Also have to consider how old it is and whether there is through access as all determine whether there is a right of way, even if private.
Lots of councils now also keep records of highways. Ownership has nothing to do with the status of the road. To be legally correct it is public if it has been dedicated as a highway and that is about intention and conduct and a pile of other things.

If the whole of the road is in one of the residents ownership and the others only have access by virtue of a right of way on the title deeds then this is good evidence that he road was originally private (not a highway). Unless anything has changed then you could probably restrict access but barriers would have to be accessible by residents and guests and also there are rules about them being accessible by emergency services so it isnít straightforward.
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Old 18 May 19, 06:06 PM  
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Unless it's changed we had adopted roads which were privately owned as far as the land went. Effectively meant a similar thing though, the owner could not restrict access, but they weren't official public highways.
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Old 18 May 19, 06:12 PM  
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I feel your pain,we live in a cul de sac of 8 houses, there are children in 2 houses opposite ours that insist on playing football in the road,setting up goals directly in front of my drive. This results in ball bouncing full force off my brand new car,my last car had a dent in it, I have ball prints all over my windows and front door, they constantly trample over my garden to retrieve ball. I have 3 children myself but would never allow them to be so disrespectful. I have spoken to the parents on numerous occasions,it stops for a few days then they do it again. They've even broken a neighbour's satellite dish and car ariel they kick ball so hard. I'm constantly sitting in my window watching my car as soon as I hear the ball out 🤬🤬🤬

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Old 19 May 19, 01:18 PM  
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I'd be out with the hose every night washing my car and soaking the pavement and road outside my house! The won't play in that!
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