What is Private Road?

If a property uses a right of way for access, the area used will often be called a “private road”.

If you get access by a private road, you and the other users will be responsible for making arrangements and meeting the costs of the road instead of the council. This includes general road maintenance and repairs, any services through it, and the cost of fixing any street lights on it.

We therefore recommend you look at the current state of the private road and make enquires such as:

All authorised users of the private road will have an obligation to contribute to the costs of any maintenance, but in practice, it can be difficult to enforce this.

Your lawyer will search the easement on the title that sets out the terms of the right of way and its use. Make sure you read and understand your obligations.

The team at Hayman Lawyers will make sure you understand your obligations before you sign, to avoid costly mistakes.