Ten Frequently Asked Questions on Road Ownership

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What exactly does the SDRA own?

 

In 2001 the SDRA acquired the freehold of the South Drive road from the Crown Estate.  A copy of a Land Registry plan depicting the area owned by the SDRA is attached.

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Does the area owned by the SDRA include the verges and roundabout? 

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Yes.

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Who is responsible for the maintenance of the road?

 

Covenants put in place by the original vendor of all land fronting onto South Drive, The People's Investment Company Ltd, in the first decade of the 20th Century, and which have continued to the present day through subsequent changes of ownership and plot subdivisions, include the following obligation:

 

"That the Purchaser, his heirs and assigns will keep in repair such portion of the said road called or known as South Drive as abuts on the said plot, piece or parcel of land hereby assured, from the boundary of such plot, piece or parcel of land to the centre of the road until the same shall be taken to as a public highway and maintained as such out of some public fund."

 

Since the road has not been adopted by the Council as a public highway, the SDRA was formed to allow for a collective maintenance responsibility for the upkeep of the road surface that abuts the frontage of the property of each SDRA member.

 

Residents of South Close are also responsible for a fair and reasonable proportion of the maintenance of South Drive. The title deeds to the South Close properties do not contain legal rights of way over South Drive but if challenged should be able demonstrate an implied right of way.  This is known as a prescriptive easement and typically arises from “long user” or “necessity”, that being that there is no other way to access Murdoch Road. Case law provides that the level of the costs contribution depends upon the level of use of a road. For example, if a private road is rarely used a Court may find that no contribution should be made but as the residents of South Close use the full extent of South Drive as their only access to and from the highway this results in a corresponding costs obligation.

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What is the position regarding frontage owners who are not SDRA members? 

 

Under the above covenant, they remain responsible for the maintenance of the section of road adjacent to their property up to the centre of the road.

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Who is responsible for the verges?

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Property owners remain responsible for the upkeep of the verges under the above covenant.

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What if someone is injured or suffers damage from the verges - for example a tree located on the verge falls down, or someone trips on a stone intended to inhibit parking on the verge, or a broken kerbstone?

 

The position is more complex.  The verges are owned by the SDRA but the obligation to maintain the verges falls on the property owners.  Damage or injury caused by falling trees growing out of the verge are the responsibility of the SDRA unless the property owner has failed to maintain the tree in a good condition and that failure contributed to the tree falling and causing the damage or injury, in which case the property owner may be partly or entirely responsible.  The SDRA is insured for any claim against it.

 

Regarding stones or any other obstructions that may cause damage or injury, or kerbstones, that would be the responsibility of the property owner if the owner incurred the cost of placing the obstruction or kerbstone.  If the SDRA incurred the cost, then the SDRA would be responsible.

 

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Who is responsible for the maintenance of the roundabout?

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The SDRA has assumed responsibility for the maintenance and upkeep of the roundabout.

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Who owns the drains in the verges?

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The SDRA owns the drains that it inserted into the verges or the road.

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Who is responsible for the upkeep of the drains - e.g. keeping them debris-free? 

 

The SDRA is responsible for keeping the drains functional, including unblocking.  The property owner is responsible for regularly keeping the drains in their verges free from debris.

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Can a property owner subsume their section of verge into their property?

 

No.  The verges are a distinctive feature of the road and are part of the SDRA's title.

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Plan of the area of South Drive owned by the SDRA