Background
Public and private roads
The difference between public and private roads is perhaps more
complicated than you might think.
Public roads - the roads on which everyone drives to and fro -
are public in the sense that:
- They belong to the local authority (usually the County
Council)
- The local authority is under a legal duty to maintain them
- They are highways (more precisely, "carriageways", meaning that
there is generally a public right of way for all classes of
traffic).
Private roads (also known as "unadopted roads") are different in
that they don't belong to the local authority, and the local
authority is not under a legal duty to maintain them. But a private
road may nonetheless be a highway for one or more classes
of traffic. A private road can become a highway through use by the
public over a period of time. Private through-roads sometimes
become highways in this way, though private cul-de-sacs rarely do
so. (Whether a public right of way exists for mechanically
propelled vehicles depends also upon the effect of Part 6 of the
Natural Environment and Rural Communities Act 2006, which came into
effect on 2 May 2006. This extinguished public rights of way for
mechanically-propelled vehicles in many private roads.)
Numbers
No official figures exist, but there are thought to be at least
40,000 private roads in England and Wales. There are many in the
Home Counties - Surrey, for example, has more than 2,000 - but
other parts of England and Wales also have substantial numbers.
Some are ancient; many reflect suburban development in the
late-nineteenth to mid-twentieth century period; and many modern
developments are built around private roads, for the benefits which
they confer. The ownership of older roads is often unknown, though
residents may be able to register title.
Organisation
Since residents cannot look to the local authority to maintain
their road, they must do so themselves. Residents usually form an
association or a private company, collect contributions, organise
maintenance and deal with other issues such as insurance, parking,
tree surgery, rights of way etc. Some private roads are organised
in a very formal way, others less so. This is a matter of
choice; but a degree of organisation is essential if the benefits
of private status are to be enjoyed and problems avoided.
Generally, a company will be a better option than an unincorporated
residents' association, especially if it is to own the road.
Last Updated: 24 February 2011