Who Owns the Public Highway
Who Owns the Public Highway
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Discussion

Chrisgr31

Original Poster:

14,275 posts

284 months

Monday 23rd November 2020
quotequote all
I know this has been a subject covered recently. There are some interesting parcels of land coming up for auction soon which indicate that the local authority may not own the public highway

https://www.rightmove.co.uk/commercial-property-fo...

https://www.rightmove.co.uk/commercial-property-fo...

https://www.rightmove.co.uk/commercial-property-fo...

https://www.rightmove.co.uk/commercial-property-fo...

Presumably the owner of the land can’t create an issue with services and utilities?


sospan

2,755 posts

251 months

Monday 23rd November 2020
quotequote all
Who has entered the land into the auction?
Who gets the proceeds?
Rightmove state it is up to the bidders to find out actual details of ownership and any other issues that come with the areas of land.
Seems odd to me.

blueg33

46,409 posts

253 months

Monday 23rd November 2020
quotequote all
Adopted highway isnt necessarily owned by the Authority, it often has private freeholders.

You can "stop up" a highway, and I have done for several development sites

supertouring

2,228 posts

262 months

Monday 23rd November 2020
quotequote all
Could I buy it and put up a toll booth?

PixelpeepZ4

8,963 posts

171 months

Monday 23rd November 2020
quotequote all
guide price £625 - i'll have a punt for that!

blueg33

46,409 posts

253 months

Monday 23rd November 2020
quotequote all
PixelpeepZ4 said:
guide price £625 - i'll have a punt for that!
That one has a potential ransom over land that could be developed wink

rdjohn

7,168 posts

224 months

Monday 23rd November 2020
quotequote all
That looks a very odd proposition.

My understanding was that the soil below an adopted highway is owned by the frontages. I also think that a toll road is a non-starter. It looks like a highways and so will have public rights of passage attached to it, regardless of ownership.

anonymous-user

83 months

Monday 23rd November 2020
quotequote all
Does land like that come with any maintenance or insurance liabilities?
e.g. you buy it for £625 then discover you have to fork out tens of thousands each year to maintain it, or someone trips up and sues you for thousands?

Chrisgr31

Original Poster:

14,275 posts

284 months

Monday 23rd November 2020
quotequote all
blueg33 said:
That one has a potential ransom over land that could be developed wink
If you are looking at the piece of land I assume you are I believe it’s owned by the Town Council so acquiring it might be a challenge

blueg33

46,409 posts

253 months

Monday 23rd November 2020
quotequote all
rdjohn said:
That looks a very odd proposition.

My understanding was that the soil below an adopted highway is owned by the frontages. I also think that a toll road is a non-starter. It looks like a highways and so will have public rights of passage attached to it, regardless of ownership.
"My understanding was that the soil below an adopted highway is owned by the frontages." - No it depends who owned the land before and how titles were transferred.

" I also think that a toll road is a non-starter. It looks like a highways and so will have public rights of passage attached to it, regardless of ownership" - I agree



blueg33

46,409 posts

253 months

Monday 23rd November 2020
quotequote all
doesthiswork said:
Does land like that come with any maintenance or insurance liabilities?
e.g. you buy it for £625 then discover you have to fork out tens of thousands each year to maintain it, or someone trips up and sues you for thousands?
Possibly - it depends on whether the roads are adopted or not

blueg33

46,409 posts

253 months

Monday 23rd November 2020
quotequote all
Chrisgr31 said:
blueg33 said:
That one has a potential ransom over land that could be developed wink
If you are looking at the piece of land I assume you are I believe it’s owned by the Town Council so acquiring it might be a challenge
I buy land from Councils a couple of times a month, so thats not an issue. However, if the roads are adopted the ransom may not exist anyway, plus there could be other access points and planning to sort out.

supertouring

2,228 posts

262 months

Tuesday 24th November 2020
quotequote all
blueg33 said:
rdjohn said:
" I also think that a toll road is a non-starter. It looks like a highways and so will have public rights of passage attached to it, regardless of ownership" - I agree
Won't quit my job yet then [frown]