Walk the Formal Line ; Homes Property Lawyer Henry Stuart Answers Londoners' Queries

Summary


Q.We own a mid-19th century house where access to the property is from a private road. We are now selling and the buyers are not happy that we have no formal rights of way. The roadway has been informally maintained by the residents and no objections have ever been raised to our using it or parking on it. Is there a problem?

A. The Highways Authority is responsible for maintaining highways that are "maintainable-at the public expense". The majority of roads are kept in this way but many have never been "adopted" by the authority and remain private.

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Walk the Formal Line ; Homes Property Lawyer Henry Stuart Answers Londoners' Queries

Sometimes the ownership of the private road is known but often ownership is uncertain.

Where roads are not adopted but ownership was ...

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