Highways Agency Report vs Title Plan

[blueg33]

TA14 said:

Hi Charlie, I don't know. Where I have been involved (in that others have done the work) stopping up has taken two to three years so that's more pessimistic than blue33.

Did in Shiremore last year, the one with the parking spaces, done under the Planning Act in under 6 months

Did one in Banbury that involved re-aligning a corner, closing a parking bay and moving a bus stop, also used the Planning Act took about 8 months IIRC

Did one in Bury end of last year under the Highways Act, it had no real public access took less than 6 months

[Jobbo]

TA14 said:

Can you check to see whether 41 and 43 have had a stopping up order over their land? If so it could make the process for 'your' land go more smoothly.

The historic maps don't appear to show their frontage as being part of the highway, so I doubt there's anything relevant unfortunately.

[anonymous-user]

blueg33 said:

Op may need some defective title indemnity insurance if he doesn't get the highway stopped up

I think this is the way forward.
If they won't cover it I would suggest you think long and hard before exchange.

[CharlieB]

Jobbo said:

Why did the solicitor carry out a highways search in the first place? It's not generally a standard search unless there's anything apparent on the ground which raises concerns. In your case, from the photos there's nothing of any visible concern. Chances are the previous owners didn't carry out a highways search and never knew.

That is a good question, however it appears to have been done by North Herts District Council as a routine part of the search, rather than a specific request for a highways search as such. Further to that the section about the highways is directly below the planning searches.

I am willing to share the NHDC search as I am unsure how to interpret the contents, if it makes things clearer. Excerpt below pages 5 and 6 of the NHDC search. The accompanying 'highways report' was undertaken on the 8th Dec 2016 so is bang up to date.

[monkfish1]

If you want to be 100% sure itts not an error, get yourself to the council and view the definitive map, which the above claims to be an extract of.

As above, this isn't about ownership, merely access.

So, sure everyone and anyone "can" walk over your drive, but will they in real life?

[anonymous-user]

monkfish1 said:

If you want to be 100% sure itts not an error, get yourself to the council and view the definitive map, which the above claims to be an extract of.

As above, this isn't about ownership, merely access.

So, sure everyone and anyone "can" walk over your drive, but will they in real life?

I'd be more worried about a redesign of the junction. It's unlikely but pretty horrific if it happens.


OP - did you ask about an insurance policy?

[Swervin_Mervin]

blueg33 said:

TA14 said:

Hi Charlie, I don't know. Where I have been involved (in that others have done the work) stopping up has taken two to three years so that's more pessimistic than blue33.

Did in Shiremore last year, the one with the parking spaces, done under the Planning Act in under 6 months

Did one in Banbury that involved re-aligning a corner, closing a parking bay and moving a bus stop, also used the Planning Act took about 8 months IIRC

Did one in Bury end of last year under the Highways Act, it had no real public access took less than 6 months

Indeed. We've done a few that have taken next to no time. Other than the legals aspect, this should be a straightforward case. I'd go as far as to say I'd expect the Highway Authority (not Agency) would be happy to see this stopped up.

There's also the issue of maintenance - we've dealt with a case in the past where a highway authority ceded adoption because the adjacent landowner could prove he's maintained the land for X years. Some of hte legals on this thread might be better placed to advise on that aspect.

[Swervin_Mervin]

desolate said:

monkfish1 said:

If you want to be 100% sure itts not an error, get yourself to the council and view the definitive map, which the above claims to be an extract of.

As above, this isn't about ownership, merely access.

So, sure everyone and anyone "can" walk over your drive, but will they in real life?

I'd be more worried about a redesign of the junction. It's unlikely but pretty horrific if it happens.


OP - did you ask about an insurance policy?

Redesign would need more land outside the Authority's control i.e. in the ownership of the neighbours. They couldn't do much useful with that area.

You can also query the adoptive records as they are often incorrect. The asset and highways teams should, probably for a fee (Cheshire West we paid £100 or so recently), head out to site and come to their own view as to where they believe the boundary should be and get the mapping corrected.

We've had some where land has been added in as adopted, and some that has been taken out.

[anonymous-user]

Swervin_Mervin said:

Redesign would need more land outside the Authority's control i.e. in the ownership of the neighbours. They couldn't do much useful with that area.

You can also query the adoptive records as they are often incorrect. The asset and highways teams should, probably for a fee (Cheshire West we paid £100 or so recently), head out to site and come to their own view as to where they believe the boundary should be and get the mapping corrected.

We've had some where land has been added in as adopted, and some that has been taken out.

They could park a st load of stuff on there as they we working and knock down his hedge.

On balance though i reckon an insurance policy would be attainable and pretty cheap.

[CharlieB]

Just to update this.

Pulled out of the purchase on Friday. Turned out it is likely the vendor knew all along and failed to mention it!

Highways Agency were very helpful, gave me an idea of costs and timescales, but in the end I didn't feel I wanted the risk myself. I don't want to buy someones problems after all!

Rather busy weekend as found somewhere far more suitable, with a quick completion on the cards so my chain below is not affected.

Cheers for your input

[TA14]

CharlieB said:

Rather busy weekend as found somewhere far more suitable, with a quick completion on the cards so my chain below is not affected.

It's funny how that's often the way. Good luck.