What is The Legal Definition of a Private Road? – Griggs Homes
What is The Legal Definition of a Private Road?
A private road is a road or driveway that is closed to the general public. It is on a privately owned property and can only be used by the owner (or owners) or those with specific permission. A private road is used by a group of owners; only they, and those to whom they give permission, can use the road.
Who owns private roads?
According to the official definition, private roads are “owned and maintained by a private individual, organisation, or company rather than by a government.” This could be one household (for example a private-owned farm with its own access road) or it could be a private road of multiple homes such as a housing co-op or private estate.
Who pays for a private road?
The government or local authorities are not responsible for maintaining or fixing a private road. According to the 1980 Highways Act, a private road cannot be maintained at public expense. This extends to anything from resurfacing the road, to gritting in bad weather, to potholes. Thus, it falls upon the owner, or owner, of those properties which front a private road to pay for any maintenance or works.
Do you need insurance for a private road?
Those who maintain and pay for the private road are also responsible for taking out insurance, in the case of a claim. Thus, if your property is on a shared private road or driveway, you are collectively responsible for any insurance.
What is a ‘Road Maintenance Agreement’?
A Road Maintenance Agreement is the name given to the agreement which states the details of shared road maintenance. In the case of a private road, there will not be a public road maintenance agreement in place. Thus, it falls under the responsibility of the homeowners association or those who own properties in the private road.
If any new purchases are made in the private road, homeowners must agree to sign the agreement.
What is the difference between a driveway and a private road?
Private roads differ from driveways as they typically serve multiple lots or structures and can be accessed by many different occupants.
Can I legally walk down a private road?
Private roads are usually labelled as such with signs such as a “private road” or “no trespassing” or even gated entry. Depending on where you are in the world, ignoring these signs could be defined as a criminal offence of breaking and entering.
If you are visiting a resident of the private road, they can grant you special permission in order to enter.
According to UK law, there are two types of ‘unadopted’ roads: a private street, and a private road. A private street is one which is privately maintained but the public has the right to access it. If it needs any maintenance, the local authority is responsible for making sure it is safe and can charge residents for the work.
A private road, on the other hand, is not accessible by the public. These roads must be gated and no traffic can enter. Any maintenance or work is the responsibility of the residents.