A few unpleasant surprises from searches

[Reviewwworld]

Hello all,

New joiner to the forum, have searched high and low but still have questions about some issues we have come across.

I'm sure this is a fairly classic story "found the dream house but searches have thrown spanner in the works". The spanner(s) in this instance are unfamiliar to me so hoping for some guidance:

A) the property is on an unadopted road. I'm satisfied I know the general obligations but this seems to be a unique scenario. The property is 100 years old and registered address is on unadopted road X, a short road with 5 other properties sharing frontage and looks like very little investment will be required. However, a 2010 extension has effectively created a new front door on road Y and for all intents and purposes this is the main property access. Now the property is the only one on road Y which is also unadopted but quite long (200m+) and in a terrible state of repair.

Q1: does frontage only depend on registered address ie the fact it's on road X limits the liability to that road?
Q2: can properties be liable to more than one road frontages?
Q3: is it in the council power to deem I am solely liable to road Y (as the only property with frontage)
Q4: given it's unadopted by the council and on paper no properties are registered to the road it seems to be in a forgotten loop where no one can officially request road Y is adopted (which the council are unlikely to do given its state)

B) frustratingly only 2 months into the process has the vendor/solicitors revealed that the property is across two deeds. The searches have all been conducted on the deed that covers the original house. This far nothing has been done to cover the deed that covers the large extension, garage on land that fronts onto previously mentioned road Y.

Q1: given it seems a rather simple process to amalgamate deeds, is there any logical reason why this may not have previously been done (other than time/cost of the process)?
Q2: I suspect I know the answer already but can I assume this means a whole new wait for extra searches on the second deed or is that fact that they are adjacent mean that some are not required such as ground stability, flood risk and so on?

Thank you for taking the time to read the above, appreciate all and any advice you can provide

Kind regards
MW

[GoodOldBoy]

Q1: does frontage only depend on registered address ie the fact it's on road X limits the liability to that road?
Q2: can properties be liable to more than one road frontages?
Q3: is it in the council power to deem I am solely liable to road Y (as the only property with frontage)
Q4: given it's unadopted by the council and on paper no properties are registered to the road it seems to be in a forgotten loop where no one can officially request road Y is adopted (which the council are unlikely to do given its state)

I can't quite visualise the layout. A sketch may help.

Your questions above (all subject to my understanding of the above).
Q1. No
Q2. Yes
Q3. Nothing to do with the council if it is a private road.
Q4. The council will adopt the roas if its owner(s) apply for adoption and bring it up to current adoptable road standards first (Very expensive).

Are you aware that the word 'frontage' doesn't have its literal meaning here. It is nothing to do with the front of the property (so it is also backage, sideage, etc).

[Reviewwworld]

Hello

Thank you kindly for responding. Please find a sketch of the layout. Your answer to Q1 and Q2 are the big ones from a financial perspective. With regards to Q3 & Q4, it was my understanding a council won't always wait for a request for adoption and that it is in their power to maintain a private road that has fallen into a state of disrepair if it can be classified as a highway and in need of said repair. It would then invoice the properties with frontage accordingly. Re frontage itself, I am aware it does cover any part of a property boundary but unfortunately this road (Road Y) only has myself on it. Well, that is what I thought, I just checked the land registry and there c10 garages or so that are on the road seem to have individual title deeds so I'm hopeful that means there is individual frontage liability (i.e. any bill would be invoiced and split min 10 ways?)

[GoodOldBoy]

Does road Y go anywhere or is it a dead-end?
Is the owner of road Y known?

If you have any reason to believe the council might want the road brought-up to a certain standard - run a mile. The cost of building a road to an adoptable standard is approximately £10,000+ per linear metre.

It is very rare for a council to adopt an existing road. They usually have enough trouble maintaining the roads they do own.

I bought my house on what I believed was an unadopted road (priced accordingly). I have since learned the road is adopted (legislation from pre-1930). The council insist it isn't adopted, even though I have their own land search from 1965. Far from wanting more old roads to be responsible for, my council is arguing tooth=and-nail to avoid mine.

[Reviewwworld]

That is indeed a frightening sum. The road connects back to an adopted road in a loop but itself is 200m+ unadopted and a pothole paradise. The owner of the road is unknown, does appear on any searches but not unsurprising given it's over 100 years old.

I'm wholly unfamiliar with the process. If councils normally take a "not ours, don't care" approach then I could relax yet if it errs towards "in a state of disrepair compared to standard roads, we will auto repair and invoice you" then alarm bells ring.

[GoodOldBoy]

We are now talking 'risk factors' and I cannot offer much advice to you on this.

Does it get much use? The less it is used the less the council will be interested.

In your favour is the fact that the road seems very unimportant as (apparently) it doesn't really go anywhere but simple links two other roads. I can't imagine the council showing much interest in it. There are many thousands of private roads in Britain and councils have their hands full maintaining those roads they legally have to maintain so are in no hurry to take on more.

But your choice. As I said it didn't put me off but we are all different.

Just a last thought: Have you asked your solicitor if you can take out an indemnity insurance against a possible future problem?

[Reviewwworld]

I'm not overly familiar with the road but certainly on my visits no one else used it and I logically can't think why anyone would bar the owners of the property we are looking to purchase.

As you rightly flag, it's about risk factors and assigning a probability to it. I simply can't envisage a scenario where the council will slap a home owner with a £50k bill.

From my initial research indemnity insurance for this type of issue tend to cost £250 a year and I think for peace of mind that is what I should take up although before I pull the trigger I will try and investigate potential council charges in a forced maintenance situation. Hoping there is a maximum in place at a per frontage/household level.

[GoodOldBoy]

£250 a year sounds a lot to me. This sounds like a quote for insuring your access to the property rather than protection against possible future forced maintenence. I would expect it to be a one-off payment for as long as you own the property. An annual policy would put you in the hands of the insurance company (future price increases, choosing not to renew, etc.). Your solicitor should get you a quote (without charging you as he gets a commission.

[Reviewwworld]

Ah that would be good. I'll ask the solicitor to get a quote. Thank you for your help!