unadopted road potholes

26th January 2012

I live on an unadopted road (it says private road on the sign, but my understanding is that it is "owned" jointly by the residents). The road has many potholes that is understood to be the responsibility of each homeowner to fill in those directly outside their own home to allow passage to other vehicles. There are large potholes in front of most of the properties, including ours, but there seems little point in repairing them at this time of year, especially as there are building works in progress three houses up from ours and lots of heavy vehicles passing daily.The upside is that people have slowed down when driving past our house.

Recently residents further up the road and lorries accessing a building site have been driving over our grass verge thus destroying it, so we have put 3ft raspberry canes that are very visible along the edge of the verge. The road is wide enough to pass without crossing our verge and the potholes can still be navigated by driving closer to the heathland across the road (there are no houses opposite).

Today we have received a very rude letter from the man at the end of the road stating that we are breaking the law by placing the canes along our grass. He also says we shall be held accountable in law for any damage to his car should it occur from travelling over the potholes.

I would be very grateful if you could advise on the legality of verges, potholes and private roads. I have emailed our district council and the highways agency, but no response yet.

Thank you,

Replies (1)

Potholes.co.uk Expert     posted : 27/01/12 at 11:36 am

My understanding off unadopted roads, although I am not a solicitor, is that all residents are responsible for the potholes and in accordance with the degree of benefit they gain from the road. Therefore, as far as I am aware (and I strongly suggest you obtain proper legal advice) anyone living at the end of an unadopted road is responsible to a greater degree than someone living part way along, because that because receives a greater degree of benefit from the road.

Unless it is shown on the deeds to your property, the verge forms part of the highway and responsibility for it is also shared by all the residents (i.e. it is not yours). Anything placed on a verge is usually deemed as an obstruction on the highway and the person who placed the obstruction is liable for any damage it causes.

Hope this helps, but again I must stress that you would be wise to obtain proper legal advice.