definition of "short access road"

[vegansavage]

Hi.

If you purchased a property where the sales particulars described a single lane road which comes off a cul-de-sac and serves your property only as "short access road", would you understand this to mean public or private or would it not be clear?

Thanks.

[Sam101]

It could be either off a cul-de-sac, so worth asking the question to be on the safe side rather than asking at a later date and finding a problem. I would thing private as it has drawn attention to it. The sales particulars should have given more clarity,

[IdefixUK]

The Local Council for the area in which the property is situated will have a Definitive map and an associated Statement from which you will be able to identify any public rights of way.

Regards

[vegansavage]

The Local Council for the area in which the property is situated will have a Definitive map and an associated Statement from which you will be able to identify any public rights of way.

Regards

Thanks for your response. It's not on the Definitive Map. This "short access road" serves just my property, I'm just trying to understand exactly what it means, or how other people would interpret it.

[des8]

So does the land registry Proprietorship file have anything to say about this "access road"?
Is it included within the property, or is it referred to an easement?

[IdefixUK]

You could download the title deeds and title plan for the property for £3 each from the Land Registry assuming the property is registered. Use the .gov website. These documents should confirm if the access road is part of the property, or if the property benefits from a right of way (easement) over the access road if it belongs to someone else. The wording of any easement made by deed will probably have detail of any limitations as to use.

Regards

[vegansavage]

So does the land registry Proprietorship file have anything to say about this "access road"?
Is it included within the property, or is it referred to an easement?

No mention of it in land registry but it is fully within my boundary. There is no easement over it.

[vegansavage]

You could download the title deeds and title plan for the property for £3 each from the Land Registry assuming the property is registered. Use the .gov website. These documents should confirm if the access road is part of the property, or if the property benefits from a right of way (easement) over the access road if it belongs to someone else. The wording of any easement made by deed will probably have detail of any limitations as to use.

Regards

Already have these and the deeds. The access road is fully within my boundary. There are no easements over it so I took it to be private and for my benefit only. When I purchased the property the local land charge confirmed no highway rights over it, however the council have now claimed it is adopted. I know the local land charge misled me, I just wondered how other people would interpret "short access road".

[des8]

If it has been adopted it should feature on the definitive map.
Have the council actually maintained the road?

It is really unusual for a road accessing only a single property to be adopted because there is not sufficient use by the public to warrant the expense.

[vegansavage]

If it has been adopted it should feature on the definitive map.
Have the council actually maintained the road?

It is really unusual for a road accessing only a single property to be adopted because there is not sufficient use by the public to warrant the expense.

It's not on the Definitive Map but is on the list of streets. The council have not maintained it. I'm trying to understand"short access road" because at the time, together with the local land charge, thought that meant private.

[des8]

What exactly do you mean by "local Land charge"

Local Land charges should be registered on the title deeds.
Are you referring to the response made by your local council Land Charges department to search enquiries made by your conveyancer?