Unadopted Road Access Problem.

[rp88]

Hi, I am from the UK I dont know if anyone can help me?

I live in a house on the front end along a road called High Road. Down the side of our house, is a small Cul-de-sac call hillcrest drive.

Half of this road is tarmac, and the bottom half past our house is gravel.

When we first moved to this property in 2006, The solicitor gave us written information saying that Hillcrest drive is an adopted road and maintained by the council.

We also have a written document by the council highway department that they have Allowed vehicular access into hillcrest drive and over the dropped curb that they made into our propery.

Since living here we have added a double side gate so we can put vehicles into our garden from the side.

Now it has been fine until now and no-one down the road minded, but now we have one household that has got a solicitor to write to us basically saying we have No right at all to use or walk on Hillcrest drive and they partly own the whole of the road?

We have phone 3 different councils and they are all saying the documents show that the Whole of the road is Unadopted by them, but then how come we have written evidence that they have dropped the curb around from the high road and allowed us car access? also that in the paperwork reaserch when moving here is says it Is an adopted road?

You Have to cross over hillcrest drive to get from one side to the other, so are they saying people will have to walk into the main road to get from one pavement to the other side pavement? And we have a small part of land with a sespit in it on the other side also. We have kids that play with their friends down that road.

The council has fobbed us of and say we have to get a solicitor and go to court, but then with the written documentation from the council will they be involved aswell?

Out of the 6 houses that part own that road only 1 has an issue.

And we have 7 days block all side entrances etc or we get taken to court! :/

Does anyone have any advice for me and my family over this matter?
Many thanks in advance.

rebeccaWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[HomeGuru]

Hi, I am from the UK I dont know if anyone can help me?

I live in a house on the front end along a road called High Road. Down the side of our house, is a small Cul-de-sac call hillcrest drive.

Half of this road is tarmac, and the bottom half past our house is gravel.

When we first moved to this property in 2006, The solicitor gave us written information saying that Hillcrest drive is an adopted road and maintained by the council.

We also have a written document by the council highway department that they have Allowed vehicular access into hillcrest drive and over the dropped curb that they made into our propery.

Since living here we have added a double side gate so we can put vehicles into our garden from the side.

Now it has been fine until now and no-one down the road minded, but now we have one household that has got a solicitor to write to us basically saying we have No right at all to use or walk on Hillcrest drive and they partly own the whole of the road?

We have phone 3 different councils and they are all saying the documents show that the Whole of the road is Unadopted by them, but then how come we have written evidence that they have dropped the curb around from the high road and allowed us car access? also that in the paperwork reaserch when moving here is says it Is an adopted road?

You Have to cross over hillcrest drive to get from one side to the other, so are they saying people will have to walk into the main road to get from one pavement to the other side pavement? And we have a small part of land with a sespit in it on the other side also. We have kids that play with their friends down that road.

The council has fobbed us of and say we have to get a solicitor and go to court, but then with the written documentation from the council will they be involved aswell?

Out of the 6 houses that part own that road only 1 has an issue.

And we have 7 days block all side entrances etc or we get taken to court! :/

Does anyone have any advice for me and my family over this matter?
Many thanks in advance.

rebeccaWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

**A: please READ the last 2 sentences in your post.

 

[Richard Davies]

Unadopted / Unowned Roads.

Hi.

Try contacting TPR (TPR - Trust Property Researches) who specialise in researching, amongst other things, ownership of unadopted roads. On a no win / no fee basis.

It is very unlikely that the other people can claim the entire road. They are just chancing their arm. More likely the "ad medium filae" rule applies.

But these things can be challenged if you know what the rules are.

On that topic, are you in England, Wales, or Scotland?

 

[rp88]

Thanks for your advice. I live in England, Guyhirn Cambs.
Looking further into the deeds, on hers it shows a red line around her house and the entire road.

But we are no having to ask the council
A) why they then allowed access from hillcrest drive into our property if the road is Unadopted.
B) Why when we moved here, a member of the council authorised in writing on our documents that the road is Adopted.

The dropped curb side access was done before she moved in and before we lived here, so now she lives in the house that has the ownership, perhaps she can now refuse it?

Even if she does techincally have a red box aroud the road, is that enough for a court to stop us completely going aross it to get to out garden patch?
I think its rather petty.

Many Thanks

 

[LindaP777]

US LAW ONLY!
We have NO knowledge of the laws where you live, so we can not help you.

 

[TigerD]

US LAW ONLY!
We have NO knowledge of the laws where you live, so we can not help you.

but we could have a lot of fun misdirecting them ...

DC