Derby Conveyancing expert investigates potential unadopted road

Sometimes the road linking to or adjoining a property can be ‘unadopted’ as Lawyer Jaaine Interajah recently discovered when Conveyancing in Derby for a purchaser of a property in Milford near the city.

An unadopted road is effectively a private street but even though it may or may not have public right of way status, the obligation and therefore the cost of maintenance could lie with the local residents.

This means that the cost of upkeep, cleaning and general maintenance (which can obviously be expensive) can come as a nasty surprise to the local residents.

In some cases it has been possible to have a road adopted but a pre-requisite is usually to bring it up to a suitable standard first.

This issue is not peculiar to Derby Conveyancing matters and is in fact a national issue.

In the case of this Derby home, documentation supplied early in the conveyancing process appeared to indicate that the street adjoining the property that was of concern, possibly unadopted.

The sellers Conveyancing Solicitors were Andrew J. Kilby.   When Fridaysmove received the draft contract and copy of the Land Registry title from them Jaaine was able to send additional enquiries and a draft Land Registry Transfer for approval by email within 24 hours.

Jaaine raised the issue with the Amber Valley local Authority as part of the Local Authority Search, a standard part of the Conveyancing process. Thankfully the road was in fact adopted by the highways agency and was classed as ‘public’.   There were no planning matters adversely affecting the property.

It was noted that the property is not far from the River Derwent, so a check was made by the Derby Conveyancer to ensure that the property is not in an area which has been susceptible to flooding, as this can have a serious effect on property insurance premiums.

If a property is affected in this way it will have a knock-on effect on the price, as few people would want to buy an uninsurable property and lenders would give a mortgage.

Local agents Derbyshire Properties of 9 Bridge Street, Belper, Derbyshire, DE56 1AY acted for the sellers marketing the home for £360, 000.

Fridaysmove are acutely aware of issues affecting properties in Derby and we would strongly advise choosing a Solicitor with relevant local knowledge.   Get an instant Quote for Conveyancing in Derby or call us now for more information.