unadopted road improvements

[webbs]

Hello I live on an unadopted road in a small village. there are 10 houses. it is also a public footpath
we have no idea who owns it this has never been discovered when any properties were bought or sold over the last 20 years
The lane is a mixture of old tarmac, gravel, mud and potholes. After much negotiation we have all agreed to have the most used part of the lane improved by getting a contractor to lay tarmac. all households are contributing towards this.
my question is do we need council approval to get this done ? is this done via planning permission ? or via local highways authority.
we do not want to risk spending lots of money on something that the council could then tell us to remove.
water from the lane will drain into a ditch which runs along its length
any advice appreciated

[Scot22]

There is no documentation 're ownership. Our road is owned by residents on either side and is also a right of way. If anyone is hurt as a result of inadequate maintenance we are liable. Maintenance has cost a significant amount of money. I would be reluctant in your position to take on any responsibility for the road.
I suggest involving the council, local and county to discuss the situation. As a public footpath the responsibility should lie with the public.

[GoodOldBoy]

An unadopted road (without a traceable owner) is the responsibility of all property owners along the road. The legal term is frontage (nothing to do with the way any house 'faces'). All frontage owners share a responsibility for the road. Such roads are very common.

You can maintain it without permission from the council (in fact you are legally required to do so). You are doing the right thing.

[Scot22]

Thanks GoodOldBoy I did not know that. Appreciate learning something new.

[des8]

NB besides being responsible for upkeep you should realise you may also be liable if accidents occur or damage is occasioned to users.
Suggest you check your public liability insurance covers you.

Your conveyancer should have explained about your responsibilities when you purchased the property