No, you don't own anything to do with the road or pavement if you're a homeowner. It's the Cooncil's, ken?
CityCyclingEdinburgh Forum » General Edinburgh
“Corstorphine residents rage at motorists using streets as a ‘park and ride’ “
(48 posts)-
Posted 5 years ago #
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@Harts Cyclery: I know that responsibility for maintenance of the road and pavement lies with the council if it's an adopted road, but do they actually own the land the road runs along? I think not. The Land Registry Scotland map of my property shows the boundary as running down the middle of the street.
For the avoidance of doubt: acsimpson referred to people being charged for leaving their private property on public land. It may be a public road - which certainly does make a big difference in terms of what one is and isn't allowed to do on it - but I believe that the land beneath the road is usually still the property of the owner of the house. They just can't do an awful lot with it on account of there being a public thoroughfare running across it (similar to the limitations on what a landowner is allowed to do to a public footpath or bridleway in England and Wales).
An authoritative reference for your assertion to the contrary would be informative.
Posted 5 years ago # -
I could imagine there's some weird thing in newbuild housing estates where they parcel the land up entirely house-by-house but then get the council to adopt the road. Perhaps it saves them from liability if there's any issues with the adoption?
Posted 5 years ago # -
It's possible for a homeowner to own part of the solum of a road - effectively the land on which the road is built. It doesn't really mean anything though. Anything that meets the definition of a road (a way, other than a waterway, over which there is a public right of passage) is governed by roads law. An owner of the solum can only use the road in the same way as anyone else.
Posted 5 years ago # -
Googled and it turns out lots of people believe they own this bit of road.
Never came across that before today.
Posted 5 years ago # -
I'll worry about it if the council ever tries to bill me for anything to do with the road or land under it outside my house :D
Posted 5 years ago # -
I just don't get this 'you cant park outside my house' thing. The road is for use by the public. The road outside my house has been used for years as a park and ride and good luck to those that do. I neither own the road and as long as the cars don't block access i really have no reason to complain. When i drive to other parts of the city or in other cities i park my car. I am sure it is outside someone' else's premises.
My one complaint is overnight parking by commercial vehicles in residential areas, which i believe is not allowed under council by laws. One particular pizza chain with a fleet of yellow fiats which used the road opposite my window was kindly asked to desist and they complied.
Posted 5 years ago # -
The word used when local authorities take over roads is "adopt", not purchase, which implies that they don't legally own the road (the land on which it is built) but they are responsible for its maintenance. In a Scottish context, all land is owned by someone, so I suspect the land over which roads were built would be owned by someone up the feu chain, and that could in some circumstances be the adjoining householders themselves. As @morningsider says though, all very theoretical.
Posted 5 years ago # -
Scottish Water are very clear that will not attend to (or they will re-charge for) any blocked sewer or drain on private land.
If homeowners owned the land up to the middle of their road, then all land would be private, and Scottish Water would never accept any liability for fixing water and drainage issues.
Posted 5 years ago # -
There was an argument outside my house once about lead pipe between the plumbers who had gone down to the edge of my drive and Scottish wAter over what was beneath the pavement.
Posted 5 years ago # -
If an adopted road is no longer used as a road “Upon extinguishment, ownership of the surface will revert back to the owner of the subsoil.” so although may make no difference when used as road may do in future.
https://www.blakemorgan.co.uk/training-knowledge/features-and-articles/reminder-extent-highway/
Posted 5 years ago # -
@jonty: I could imagine there's some weird thing in newbuild housing estates where they parcel the land up entirely house-by-house but then get the council to adopt the road.
Not really "weird", it's pretty much standard practice.
According to this Dft document, adoption of roads in new developments is usually covered by a "Section 38 Agreement" under the 1980 Highways Act. This should ensure that the road is built to the required standard in order for it to be adopted into the highway network, which will only be finalised once all planning requirements are in place.Posted 5 years ago # -
@morningsider: I think that's pretty much the same as what I wrote in my original post on this subject:
the fact that there's a public highway running over that part of their property overrides most of the landowner's rights in terms of occupation of that bit of land.
But you expressed it more clearly and eloquently.
"Solum" - a pleasant word that I should have remembered. I'm more familiar with it in the context of railways, especially disused ones, but of course it can apply in that sense to roads as well.
Posted 5 years ago # -
@ejstubbs: I guess I would expect the housebuilder or original landowner to own the roadway before adoption, or for the ownership to pass over to the council at adoption time but I guess parcelling it up to the residents has the same effect.
Presumably this system only works for to-be-adopted roads, as presumably you'd want the the whole road to be explicitly shared between all residents if it was staying private.
Posted 5 years ago # -
even with adopted roads ownership does not need to change due to adoption many adopted roads land below road privately owned as long as road remained would not matter an adopted road ownership may be unknown
Posted 5 years ago # -
@ect, "Scottish Water are very clear that will not attend to (or they will re-charge for) any blocked sewer or drain on private land."
I think that only applies to private sewers. If the sewer serves more than one property then they will attend. SW are currently hoping to build one in our garden (for Cala) so I looked into it last year.
Posted 5 years ago # -
this is what its all about
this is what its all about
this is what its all about
Posted 5 years ago # -
would guess an adopted road whether private /council or unknown ownership would be beyond the boundary https://www.scottishwater.co.uk/assets/business/files/our%20services/wholesale/sw_guide_surface_water_drainage.pdf
Posted 5 years ago #
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