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An unadopted road is a road that the Local Highway Authority has no duty to maintain. Usually the owners of properties fronting unadopted roads own the road up to the centre line and have responsibility for maintaining it in a satisfactory condition (e.g. the filling-in of potholes).
If this is not done, the Council, as Local Highway Authority, can serve a notice instructing them to carry out the work. If they do not comply with the request, then the Council may do the work and invoice the property owners for the costs.
Even though residents are responsible for maintaining the unadopted road, the general Public could have acquired rights to use the road. In this instance the prevention of the Public using the road by residents would be unlawful and the Council would be obliged to take measures to remove any obstruction.
The Council will adopt roads only when they have been constructed to specified standards. The cost of bringing an unadopted road up to a suitable standard has to be met by the owners of the properties fronting the road.
Prospective purchasers of properties fronting unadopted roads are recommended to contact the Council for advice on the estimated cost of these works, for use in making a retention (i.e. a sum of money withheld from the vendor by the prospective purchaser to cover any liabilities that would be incurred once the sale has been completed) on the purchase of the property.
Please contact your Area Highways Team for further details.
Use the Adopted Roads Gazetteer to enquire about the status of a road. |