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dr fox

Estate agent, Solicitor, Surveyor - House purchase

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Hello,

 

6 months ago i called the council to report a road fault and they said that we live on a private road which was the first i had known about it. I asked a few neighbours and they didnt know that either, apart from one who purchased their house 5 years ago . They had said that their solicitor had made them aware.

 

We have tried to get the council to adopt the road but they have quoted silly money to get it up to spec and i am in no financial position to afford this.

 

There are 10 houses in the street and we all chipped in to get the bit of tarmac repaired which was under £200 by a local guy. The council say that the kerbs are not to spec.

 

We bought our current house 8 years ago and were not informed that the house was on a private road and would not have bought the house knowing this.

 

Surely this is something our lawyers / surveyors should have picked up on ? The houses were built in 1972

 

Any advice?

 

Thanks

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Hello,

 

6 months ago i called the council to report a road fault and they said that we live on a private road which was the first i had known about it. I asked a few neighbours and they didnt know that either, apart from one who purchased their house 5 years ago . They had said that their solicitor had made them aware.

 

We have tried to get the council to adopt the road but they have quoted silly money to get it up to spec and i am in no financial position to afford this.

 

There are 10 houses in the street and we all chipped in to get the bit of tarmac repaired which was under £200 by a local guy. The council say that the kerbs are not to spec.

 

We bought our current house 8 years ago and were not informed that the house was on a private road and would not have bought the house knowing this.

 

Surely this is something our lawyers / surveyors should have picked up on ? The houses were built in 1972

 

Any advice?

 

Thanks

 

They absolutely should have informed you.

Part of the routine "investigation of title" and "searches" they should have completed form CON29R (the R is for "required", it isn't even one of the "optional" searches that they can choose on form CON29O) is section 2 of CON29R : roads maintained at public expense.

 

That should have revealed it was a private (unadopted) road. If it didn't ; you get to sue the council for not revealing it. If the council stated it was unadopted and the solicitor / conveyancer missed it (or didn't ask!): they are negligent.

Either way : you have a cause of action against whoever fouled up.

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Thanks for your advice. Very helpful.

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I wish my cul de sac was a private road.

In the long run it means that your house will gain better value.

All the neighbours could chip together to have remote controlled bollards/gates making the street safer and more desirable.

Unless there's public right of way, in which case you're stuffed.

In any case, as pointed out by BazzaS, you have right of recourse against the solicitor or council.

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