Unadopted Lane

[Hacko]

Hi. I’m having my house converted into two separate dwellings and have arranged for all utilities to have new connections and supply to the second property. Gas and electricity are no problem, but water is required to have a Jew connection 45 meters away from the front of the drive. This has been arranged with a suitable company who applied for a licence from the local council. The council have advised the company that the lane on which I’ve lived for 20+ tears is unadapted so they can’t issue the licence for any work. I’ve no idea who owns the lane, we’ve never been asked for any payment or management fees so I’m now contacting Land Registry. Does anyone know what else I can do to find out the lane owner? Utilities work is starting next week!!!

[des8]

It is quite likely that the frontagers (i.e. the owners of the properties adjoining the road) own the road abutting their land up to the middle of the road.

[Hacko]

It is quite likely that the frontagers (i.e. the owners of the properties adjoining the road) own the road abutting their land up to the middle of the road.

Thanks for your answer. As one of the owners of properties abutting the road/lane, would I have known this before now? If I'm the owner and need to get to a place 45 meters away would permission from the other owners whos properties are in front of the affected piece of road/lane be all that's required to be able to have the work carried out, or would I need some formal/legal form such as Section 50 to be completed before the work can be carried out, and to whom should the form/consent be directed to get agreement?*

[des8]

In common law it is fairly standard that the land up to the mid point of the road is owned by the frontagers.
If the road is adopted the land is still owned by the frontagers, but the surface belongs to the roads authority.
If you want to dig up an adopted road you need a licence from the LA, basically to make sure the works are carried out to a proper standard.

If the road is unadopted the frontagers are normally responsible for maintaining the surface.

Land Registry plans do not show, by convention, ownership of land outside the curtilage of the property.
Generally this isn't necessary as by far the majority of roads have been adopted by the local authority, and the surface is maintained by them and not the owners.

Assuming the road is not owned by someone other than the frontagers, all you will need is the permission (and perhaps awayleave or easement) of those frontagers whose land you will disturb (hope you get on well with your neighbours)

If you intend to do a Land Registry search, make sure you only use Gov.uk sites (eg:https://hmlandregistry.blog.gov.uk/2...gistered-land/) as others which look genuine cost a fortune!

[Hacko]

That’s great information, thank you. I’m waiting for Land Registry to respond to my initial query but in the meantime I’ll continue engaging with the local authority who may be able to help. Thanks again*