Parking/RoW/Unadopted road
Discussion
Chaps,
Just after a little advice, and possibly some information as to where I might be able to investigate.
I live on a fairly busy thoroughfare road in a small village suburb, a few doors along from an unsurfaced side road. Whilst the houses on the opposite side of the road all have driveways, my side is all late 1800s terraces with no off-street parking, and a such, road space is at a premium. The unsurfaced side road has, historically, been used by those living closest to it to park alongside the fences/hedges of the two houses either side of it (whose addresses are on the main road). The houses fronting the unsurfaced road don't start until the end of those houses' gardens, and no-one parks outside them.
The house to the left of the unsurfaced road have just had the hedge highlighted in red replaced with fence panels, and yesterday "Private Road, No Parking" signs appeared on the side of their house, in the blue area.
My question is: are they chancing their arm, or do they have a legal right to do this? The area they've signed off is enough for three cars to park, and if they go further and put signs up alongside the fencing, that's a further four cars that will need to find somewhere else to park (of which there isn't really anywhere). The road signs give no indcation of it being a private road, they just show the road name. Surrey CC's interactive map is also no help at identifying whether it's a private road or not.
If you want to check it out on Google Maps, it's Orchard Road, Badshot Lea.
Thanks in advance for any advice!
Just after a little advice, and possibly some information as to where I might be able to investigate.
I live on a fairly busy thoroughfare road in a small village suburb, a few doors along from an unsurfaced side road. Whilst the houses on the opposite side of the road all have driveways, my side is all late 1800s terraces with no off-street parking, and a such, road space is at a premium. The unsurfaced side road has, historically, been used by those living closest to it to park alongside the fences/hedges of the two houses either side of it (whose addresses are on the main road). The houses fronting the unsurfaced road don't start until the end of those houses' gardens, and no-one parks outside them.
The house to the left of the unsurfaced road have just had the hedge highlighted in red replaced with fence panels, and yesterday "Private Road, No Parking" signs appeared on the side of their house, in the blue area.
My question is: are they chancing their arm, or do they have a legal right to do this? The area they've signed off is enough for three cars to park, and if they go further and put signs up alongside the fencing, that's a further four cars that will need to find somewhere else to park (of which there isn't really anywhere). The road signs give no indcation of it being a private road, they just show the road name. Surrey CC's interactive map is also no help at identifying whether it's a private road or not.
If you want to check it out on Google Maps, it's Orchard Road, Badshot Lea.
Thanks in advance for any advice!
Edited by gradeA on Tuesday 3rd May 17:31
Edited by gradeA on Tuesday 3rd May 17:32
You'd like to think that it's an unadopted road given how poor the surface / finish is and also the numerous craters littering the road when you zoom down it in Google Maps. The last time it was photographed by them it wasn't in a good state.
https://www.google.co.uk/maps/@51.2317597,-0.76368...
Edit - Google search finds a historic property sale and the description seems to state that the road is unadopted, or at least was at that time.
https://www.google.co.uk/maps/@51.2317597,-0.76368...
Edit - Google search finds a historic property sale and the description seems to state that the road is unadopted, or at least was at that time.
caelite said:
I would just blank it to be honest. Most likely just a nearby home owner not wanted cars parked in his spot(s). Ultimately what can they do if it is private? Sue for loss of earnings/damages for a car sitting on a bit of gravel?
Strictly speaking if it's an unadopted road then there are normally restrictions / covenants on parking, etc, and residents are responsible for the costs of maintenance, repair, etc. It could be that particular resident, or others in the road, have had enough of other residents using it as their own reserved parking and now want to do something about it?.gov website said:
For most unadopted residential roads the duty to maintain it falls to the frontagers, ie the owners of the property fronting that road, which may include those where the side, or length, of their property fronts the unadopted road. Those buying property on an unadopted street should be made aware of the situation regarding their property and their related liability for the road.
Assuming it's not adopted you need to try and establish who owns the road. Suggest you do a Land Registry search of the road and the property that has erected the signs etc. This will tell you if they own it or are chancing ther arm . The difficulty you might have here is that if the houses were built in 1880s it might be that the title of the road is not registered . The search will atleast tell you if the adjoining house owns it or not.
gradeA said:
my side is all late 1800s terraces with no off-street parking, and a such, road space is at a premium.
Have things changed since Google Streetview took their photos. In their photos there are no cars parked on the road outside the houses and there are no parking restrictions, so why not park there?Whome said:
Wouldn't the local County Highways Authority know if this road is adopted or not ?
There are signs with the street names. I'd be surprised if the council were in the habit of spending money on street signs on unadopted roads...Edited by silentbrown on Wednesday 4th May 10:41
gradeA said:
Surrey CC's interactive map is also no help at identifying whether it's a private road or not.
Really? It took me less than 1 minute to find this - http://surreymaps.surreycc.gov.uk/public/findstree...You might be interested in page 20 of this document - researchbriefings.files.parliament.uk/documents/SN02235/SN02235.pdf
silentbrown said:
There are signs with the street names. I'd be surprised if the council were in the habit of spending money on street signs on unadopted roads...
Not OBVIOUS on the original photo. Councils will spend cash on street names ( but usually add"unadopted" on non adopted roads). Might help solve problem IF you can find "UNADOPTED" ON ANY STREET SIGN. Red Devil said:
gradeA said:
Surrey CC's interactive map is also no help at identifying whether it's a private road or not.
Really? It took me less than 1 minute to find this - http://surreymaps.surreycc.gov.uk/public/findstree...You might be interested in page 20 of this document - researchbriefings.files.parliament.uk/documents/SN02235/SN02235.pdf
Re. the Streetview images - they would have been taken during the day when everyone is at work - come 6pm outside the houses and down the side road is completely taken with cars. Often struggle to get parked within a hundred metres of the house and this won't make it any easier, but if it's their right to do so then so be it. Hopefully the house on the other side won't follow suit!
There is indeed nothing to stop signs being put up. Enforcing them is something else. IANAL but in the real world I think the owner of that property might be facing some practical difficulties with doing so if people decide to ignore them. It's a blank wall so I'm not sure what the big deal is here.
I live on a private road or in less fancy terms an in adopted highway.
We have commuters parking in our road and without employing a residents permit parking system we cannot enforce any restrictions.
This includes a neighbour who left an untaxed vehicle to rot for 18minths; the council would not come and tow it away.
Park away!
We have commuters parking in our road and without employing a residents permit parking system we cannot enforce any restrictions.
This includes a neighbour who left an untaxed vehicle to rot for 18minths; the council would not come and tow it away.
Park away!
Perhaps they won't object to people parking alongside the fence but don't want car doors slamming 2ft away from their lounge and/or want to reserve that area for their own cars. Maybe they could sell some parking spaces to help pay for resurfacing.
The house on the other side seems to have put up a fence 2 or 3 feet away from their house wall.
The house on the other side seems to have put up a fence 2 or 3 feet away from their house wall.
Red Devil said:
There is indeed nothing to stop signs being put up. Enforcing them is something else.
Yup, that's about the size of it.Red Devil said:
IANAL but in the real world I think the owner of that property might be facing some practical difficulties with doing so if people decide to ignore them.
Exactly the same as any other private land - an apartment building's car park or a supermarket's car park or an industrial estate's roadways. Can't clamp, can't tow, must have legal signage before can issue a penalty charge.[quote=Who me ?]
I've never seen 'unadopted' on any sign.silentbrown said:
There are signs with the street names. I'd be surprised if the council were in the habit of spending money on street signs on unadopted roads...
Not OBVIOUS on the original photo. Councils will spend cash on street names ( but usually add"unadopted" on non adopted roads). Might help solve problem IF you can find "UNADOPTED" ON ANY STREET SIGN. surveyor said:
I've never seen 'unadopted' on any sign.
They do exist: https://goo.gl/maps/mrQYR8HtP5J2Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff