Non-motoring > Unadopted Lane Query Legal Questions
Thread Author: Chas Replies: 11
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New Mon 23 Sep 13 11:25 
 Unadopted Lane Query - Chas
We have an unadopted unmade lane that runs behind our house and each house is responsible for the upkeep directly behind each property. Straightforward so far....

Running down side side of next door's side boundary is the access to the lane and there is another property on the other side.

My question is are they responsible, half and half for the upkeep of the acccess to the lane. In the summer the sides get overgrown and it looks a mess. Neither neighbours actually use the lane so they probably ignore it as a problem.

Who do I talk to to get official advice? Land registry or the council to determine responsibility?

Thanks in advance for any replies
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New Mon 23 Sep 13 18:45 
 Unadopted Lane Query - Runfer D'Hills
Sorry I don't know the official line here Chas but it does sound like an ideal petrol strimmer opportunity. I like my petrol strimmer. Cathartic.
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New Mon 23 Sep 13 21:47 
 Unadopted Lane Query - -
One other thought crosses my mind, if its a bit narrow and overgrown and you only want car access then keeping it car width but brambled heavily against anything bigger might deter unsavoury caravan dwellers or other undesirables from driving down there.
Last edited by: gordonbennet on Mon 23 Sep 13 at 21:48
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New Mon 23 Sep 13 21:51 
 Unadopted Lane Query - Fenlander
Often the rights assumed or passed down by word of mouth by different property deals are not the true legal rights.

A cheap initial way to look at this would be to pull the deeds to the two houses from Land Registry online. Instant and cheap answers.
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New Mon 23 Sep 13 22:04 
 Unadopted Lane Query - Zero
>> Often the rights assumed or passed down by word of mouth by different property deals
>> are not the true legal rights.
>>
>> A cheap initial way to look at this would be to pull the deeds to
>> the two houses from Land Registry online. Instant and cheap answers.

But you have to accept that the info you need might not be there. Land Registry entries are notorious for missing data. Not entirely their fault, some of this stuff was never documented in the first place.
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New Mon 23 Sep 13 23:44 
 Unadopted Lane Query - Fenlander
Absolutely true. I have dealt with two cases where the LR unmade/private road info was spot on and not well known to the householders...

...and a third case where the LR info completely failed to show the true owner and the person responsible for upkeep of the whole was a landowner unrelated to any of the houses who's ownership of said road was proved back to the 1880s.

But the LR online enquiry is only about £4 per property and that's a lot cheaper/quicker than asking your solicitor who will initially return just the same info for £100+.
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New Tue 24 Sep 13 12:09 
 Unadopted Lane Query - Chas
Thanks for the replies.

Looks like the Land Registry could turn up the answer but a friendly discussion with both neighbours is probably a good first step.
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New Tue 24 Sep 13 12:23 
 Unadopted Lane Query - Fenlander
>>>a friendly discussion with both neighbours is probably a good first step.

Possibly but the point I'm making is they may not know or may understand it incorrectly. In our current house where we resolved boundary issues last year I pulled the deeds from the LR of 6 houses around us to find out exactly who was registered as owning what and where the roadway rights lay (these deeds included plans).

Not one of those 6 correctly understood their own deeds, rights or responsibilities.
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New Tue 24 Sep 13 12:57 
 Unadopted Lane Query - Cliff Pope
Remember that ownership of the land the road passes over is not the same as having a right of way over it, nor of being legally responsible for its upkeep.

The only certain fact is that if you have a right of way over a road or path, you have a right to remove obstructions or fill in potholes so as to exercise it. But the landowner may have no obligation at all other than not obstruct it and not damage it.
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New Tue 24 Sep 13 18:23 
 Unadopted Lane Query - Fenlander
>>The only certain fact is that if you have a right of way over a road or path, you have a right to remove obstructions or fill in potholes so as to exercise it.

>>>But the landowner may have no obligation at all other than not obstruct it and not damage it.


Very true Cliff and in the case I mention above where a landowner appeared out of the blue to confirm ownership of a road they'd owned since the 1880s they were able to show the extent of their liability was just not to make it impassable and enable others to use it. But they had no obligation to maintain any specific surface.

Of coures the difficulty came as it was built for foot, horses plus horse & cart... as the years went on no-one had any trouble with tractors etc but then a car owner bought a bit of land down the end and started to look for someone who might be responsible for getting the track to a smooth surface for him.

And that's when investigations started which turned up the true land owner who no-one had heard associated with the land in living memory.
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New Tue 24 Sep 13 15:15 
 Unadopted Lane Query - Zero
I moved in to my place 12 years ago with the assumption that my fence was that on my left which I have so maintained. The neighbour replaced that on my right.


When I paid off the mortgage, i got to peruse the deeds and the land registry entry. Turns out the situation is not that at all, its completely the reverse.

SO why does the neighbour think my fence is his? Clearly my other neighbour is perfectly happy I am maintaining his fence.


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New Tue 24 Sep 13 15:40 
 Unadopted Lane Query - neiltoo
If I understand the situation correctly....

The lane in question is between two houses, and affords access to the rear of several properties adjacent to these.

In my view, the deeds would normally say (if they say anything) that each property owns its own patch, while the two properties will also own to the centre line of the piece in question.

All of the properties will be allowed access across each of the ownerships, but maintenance of the land may be either the responsibility of all, or the two adjacent owners. Only the deeds will prove which.

Unless all of the owners get together and agree.

Or one decides to get on with it.
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