First published in 1993, Private Roads: The Legal Framework is the indispensable guide to the law for residents in private roads, their associations, local and central government, and all others with an interest in this subject.
The sixth edition, ISBN 978-0-9544716-9-5, x + 166 pages, is written for non-lawyers as much as for lawyers, and takes a practical approach to legal issues, but nonetheless provides detailed references to legislation and case-law, to support explanations of how the law works. Subjects covered include:
- Ownership of private roads
- Public rights of way
- Private rights of way
- Motoring law
- Trees and hedges
- Civil liability
- Planning issues services
- Organisation and collective management
- Privacy and data protection
For the full coverage of Private Roads: The Legal Framework, please download the full table of contents.
As in past editions, particular attention has been paid to graphic design, so as to make the material in the book as clear and easily accessible as possible.
The first edition of the book was published in 1994, in A4 format with a comb binder. It quickly became clear that the book was fulfilling a real need. Residents associations in private roads have to grapple with a whole range of legal issues: property law, planning law, the law governing the activities of local authorities and the privatised utility companies, the law on liability and accidents, data protection law and the law which allows residents to form companies and unincorporated associations and which regulates their activities. Over the years, legislation has proliferated – the law on privacy and data protection, now embnodies in the EU’s General Data Protection Regulation 2016 and the UK’s Data Protection Act 2018 other measures provides a good example, amounting to a body of law which is both bulky and highly complex. In other respects, however, the law seems stuck in the Dark Ages. The ownership of older private roads has often been “lost in the mists of time”. Residents may hope to acquire title from the Crown, in which case they will find that ownership has been disclaimed by the Government Legal Department, and has therefore passed to the Crown Estate on the basis of “escheat”, a prominent feature of mediaeval law.
On these and many other subjects our book offers assistance, as part of the wider range of services provided now by Private Roads Services Ltd. We have been greatly assisted, over the years, by the constructive feedback we have received from residents’ associations in private roads, and we hope very much that this will long continue.
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Please see also www.barsby.com for our publishing website, and www.propertylawadvice.co.uk for our legal advice website, offering clear, effective legal advice on specialised aspects of property law in England and Wales.
Within this website, please see https://www.privateroads.co.uk/private-roads-help/ for a summary of how we can help residents associations in private roads.