Buying a Property With an Unadopted Road

Being able to drive straight onto the highway is something most homeowners take for granted, but for those relying on an unadopted road things can be less straightforward.

‘There are an estimated 40,000 unadopted roads in England and Wales,’ explains Karen French, a Partner in the Residential Property team with Sills & Betteridge. ‘Private or unadopted roads can involve additional issues and expense. So, if you are buying a property, it is important to be clear about the access arrangements.’

What is an adopted road, and why it matters

An adopted road is one for which the local highway authority has responsibility. There are various statutory mechanisms whereby a road may become adopted. Typically, a road becomes adopted during the development of a housing estate. Most, but not all, established housing stock has access over an adopted road.

An adopted road must usually meet a minimum standard set by the local authority. The public has a right to use the road, which becomes subject to all the legislation relating to highways and traffic control. Significantly, the local authority bears the cost of maintaining the road, not the individual households which front it. With an adopted highway, you have an intrinsic right of access but no liability for its repair.

A road may not have been adopted for a variety of reasons. For example, it may be intentional in the case of a private estate, temporary in the case of an unfinished estate, or unplanned such as in a rural area.

Finding out whether a road is adopted

During the conveyancing process, your solicitor will conduct several searches and enquiries. One of these is the local authority search. This should show whether a road is adopted. However, its usefulness can depend upon identifying the relevant roadways on the application; sometimes a postal address alone may not suffice. Your solicitor, with local knowledge, will understand what makes a property unique, and will tailor the searches and enquiries accordingly.

Occasionally, the local authority search may reveal a road is unadopted or other relevant information. For example, the road may be in the process of being adopted, or the local authority may be seeking financial contributions from neighbouring owners. This will require further investigation to ensure your new home has adequate rights of access, which will not cause you problems in the future.

Roads and new developments

If you are buying a new build property, or one on a partially completed estate, the roadway may be awaiting adoption.

This is not unusual. Typically, a developer will agree with the local authority to construct the road to an adoptable standard, passing over responsibility once the road meets certain conditions. There is a theoretical risk the road may never become adopted, or even finished. In practice, a reputable developer will take steps to prevent this. For example, through a bond to cover the cost of finishing the road.

These types of arrangements can be complex. Your conveyancer will understand the intricacies of property development and highway law and, by examining the relevant agreements and permissions, they should spot any problems or, more usually, can give you the reassurance you need.

Estate roads and service charges

On smaller or high-end developments, a management company rather than the local authority may own and maintain the estate road. In this case, the legal documentation should deal with access and any associated issues. This could be in a lease, an estate rent charge, or a separate agreement with the management company. Your solicitor will check this and explain the implications to you. For example, you will want to avoid being liable for an unfairly high proportion of any costs which the management company may collect through a service charge.

This type of arrangement allows the management company a greater degree of control, which may be suitable in some situations. For example, in gated developments where there is a desire for additional security, restrictions on parking, or landscaping features. However, you will need to factor in the additional costs involved.

Other unadopted roads

Access to older properties may also be over an unadopted road, particularly in rural areas or where a few individual houses share a private driveway.

In this case, your solicitor will need to ensure the property has a legal right over the road. In addition, they should investigate the road’s ownership, who else has rights over it, and responsibility for maintenance. After all, you do not want to move into your new home only to discover that a neighbour can block your access, or the road needs repair but you cannot agree who should fix it or how to divide the bill.

Each situation will be different. However, from examining the property’s title, neighbouring titles, and the seller’s replies to enquiries, your solicitor should be able to explain the legal position to you.

You should also ask your surveyor to report specifically on the road’s condition. Together this can help you form a realistic assessment of the property. For example, a private driveway, which only requires minimal maintenance, with an agreement to split the cost with one other neighbour, is a different proposition from a heavily rutted road, shared with an industrial estate, where responsibility for its maintenance is unclear.

Getting the local authority involved

Although the local authority has no obligation to maintain an unadopted road, in exceptional circumstances it can intervene. For example, where repairs are necessary to avoid danger to road users. There is also a statutory procedure which allows the local authority to repair a private road, to recover the cost from adjoining owners, and then adopt it. However, in practice, authorities rarely use this process, which is both costly and uncertain.

If you are buying a property with an unadopted road, you should be confident about its condition and the mechanism for any future repairs before committing yourself.

How we can help

Buying a home with an unadopted road raises additional issues, and you will benefit from instructing a solicitor who understands the potential impact on your new home.

For further information, please contact Karen French in the Residential Property team on 01205 364615 or email KFrench@sillslegal.co.uk. Sills & Betteridge has offices in Lincolnshire, Yorkshire and the East Midlands.