Q&A

Q: WE LIVE on an unadopted road which, according to the council, is a ‘private road with public access’. Our deeds state that we have right of way over the highway, but are not responsible for its maintenance.

For the past 30 years, the council has repaired the potholes. We now have a six-inch deep pothole by our driveway. The council has refused to repair the road this year due to lack of funds, but won’t let us repair it ourselves.

A:

IN THE absence of any other evidence of ownership, the convention with private roads is that adjoining landowners own up to the centre line of the road. It is likely, therefore, that you own the section of road alongside your garden, where the pothole lies.

You should go back to the council and demand evidence of what statute prevents you from filling in this pothole, because you should have every right to do so.