Definition Of Frontager

wilkin64
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Definition Of Frontager

Post by wilkin64 » Wed Apr 04, 2018 9:02 am

I am in the process of looking at houses to possibly purchase, a couple I have looked at are on unadopted roads. This is not something I have had to deal with before so it is all new to me.

As far as I understand, the maintenance and upkeep of an unadopted road is the responsibility of the frontagers.

One of these properties is set back from the road and accessed via a private car park, do you think that this property would still be classed as being a frontage to the road? The property itself can be accessed on foot via a private footpath but is an end of row so at no point does the property front the road.

Collaborate
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Re: Definition Of Frontager

Post by Collaborate » Wed Apr 04, 2018 9:08 am

Go by the ordinary dictionary definition, which refers to the owner of land. Therefore if you access via a ROW from the road you do not front the road.

MacadamB53
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Re: Definition Of Frontager

Post by MacadamB53 » Wed Apr 04, 2018 9:26 am

Hi wilkin64,

does the property share a boundary with the road (or it’s verge)?

if “yes” it has frontage, if “no” it doesn’t have frontage.

simples.

kind regards, Mac
ps the unadopted road is the responsibility of the owner(s) who may or may not be the frontagers...

wilkin64
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Re: Definition Of Frontager

Post by wilkin64 » Wed Apr 04, 2018 10:11 am

Thanks for the replies so far.

I can confirm that the property does not share a boundary with the road or it's verge.

But from MacadamB53's comment, it would seem that that is irelavant because I would still be classed as an owner of the road so would still be responsible, am I correct in this assumption?

mr sheen
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Re: Definition Of Frontager

Post by mr sheen » Wed Apr 04, 2018 11:00 am

wilkin64 wrote:
As far as I understand, the maintenance and upkeep of an unadopted road is the responsibility of the frontagers.

d.
Where did this 'understanding' come from?
Unadopted roads are usually maintained by those who need to use them in order to protect their vehicles and maintain their ability to pass and repass. An unadopted road is effectively a 'right of way' over land you do not own, which comes with the right to pass and repass to access your property along with ancillary rights to maintain it so that you can fully benefit from your right to pass and repass.

'Frontagers' may own the section in front of their property but the owners of a right of way are not obligated to maintain it for the benefit of those with rights over it.

However, specific details in deeds may show specific rights and responsibilities that would over rule the presumptions.

wilkin64
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Re: Definition Of Frontager

Post by wilkin64 » Wed Apr 04, 2018 11:33 am

My understanding comes comes from the SN00402 document (Not authorized to post links but if you google SN00402.pdf) that states..
The law on the maintenance and adoption of private roads in England and Wales is highly
complex. It is contained in sections 203 to 237 (Part XI) of the Highways Act 1980. Briefly, a
private or unadopted road is by definition a highway not maintainable at public expense. The
local highway authority is therefore under no obligation to pay for its maintenance.
Responsibility for the cost of maintaining a private road rests with the frontagers (the owners
of properties with frontages on such roads).
I have had a read through the Highways Act but can't find how they have determined the above assumption

MacadamB53
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Re: Definition Of Frontager

Post by MacadamB53 » Wed Apr 04, 2018 11:54 am

wilkin64 wrote:Thanks for the replies so far.

I can confirm that the property does not share a boundary with the road or it's verge.

But from MacadamB53's comment, it would seem that that is irelavant because I would still be classed as an owner of the road so would still be responsible, am I correct in this assumption?
I don’t follow?

either you own the road - as evidenced in your deeds and/or title plan - or you are assumed to own a section of the road if your property has frontage.

your title plan doesn’t include any of the road and your property doesn’t have frontage, so how do you conclude that I’m saying you own the road?!?

kind regards, Mac

wilkin64
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Re: Definition Of Frontager

Post by wilkin64 » Wed Apr 04, 2018 12:56 pm

Apologies, I am still trying to get my head round it. I assumed that by owning a property on a road you would be classed as part owning the road regardless of if you are a frontager or not.

jdfi
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Re: Definition Of Frontager

Post by jdfi » Thu Apr 05, 2018 9:19 pm

It is fact specific.

If this private road is separately owned to the property (and the owner may be known or unknown) then if that owner wishes to maintain or upgrade it, he can do so.

If some of the houses have their boxes that extend to the midpoint of the road as per Image then it is likely that in fact all frontagers have ownership to the midpoint.

In most cases the highway status makes such midpoint ownership of no consequence.

jonahinoz
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Re: Definition Of Frontager

Post by jonahinoz » Fri Apr 06, 2018 8:18 am

Hi,

I have twice bought houses where, on examining the deeds. I have found that the property included half the width of the road.

The first was an early 19th century cottage in Ynysmedwy (IN_IS_ME_DO, translates as Hermit's Island) being part of an estate auctioned in 1915 (KIA ... WW1?). The successful bidder was responsible for maintenance of half the width of the road, until it was adopted by the LA. When I moved out in 1999, it had still not been adopted, although it had been resurfaced twice by the LA, while I lived there. The LA informed all three frontagers, that the resurfacing did not imply that the road was now "repairable at public expense". I assume they also informed the twenty or so "Back-agers", including the chapel. A NEW STREET ORDER, had been put on the road, but was later withdrawn ... after I had built my house. Doh!

The second was a semi-D, one of 20 built on my side of the road, with 20 the other side, built by the Glynneath Building Club (Google "Building Clubs") in 1916. There was a war on at that time, but these were built for occupation by the Deputies at the local mine, so probably part of the war effort. The deeds decreed that the road was to be laid to Highway Standards, and maintained by the builder's until adopted by the LA. I found the specifacations for the road and drainage, in the "County Archives" , and more history in the "Library of Wales" in Aberystwth. My LA charged me a little over £6 for copies of a 1952 Conveyance, which showed that my back lane was not included in the land bought for "Housing the Working Classes". I but passed everything to the new owners when we moved out.

The deeds also stated that the Leaseholders were responsible for maintaining the Back Lane, presumably so that the mine owners could deliver free coal to their employees. Horse and cart in those days. I think miners were entitled to one ton of free coal every week (???), whick meant the LA had to empty their bins twice a week.

Nearly 100 years later, Pilman was able to argue, on my behalf, that having to maintain the back-lane implied a RoW to access the ROW in order to maintain it, with no expressed limitations. I would happily clean Pilmans boots, such is my gratitude ... but my tongue is too dry. :?

If you have the time, you may like to click on ...

http://www.annemain.com/content/new-roa ... tial-roads

If that link doesn't work, do a Google for "PHILIP HOLLOBONE UNADOPTED ROADS". My MP has been very active on this subject. Unfortunately, I don't think it covers the OP's specific problem ... but if it forced to LA to adopt his road, it would make his question irrelevent.

John W

arborlad
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Re: Definition Of Frontager

Post by arborlad » Fri Apr 06, 2018 8:57 am

arborlad

smile...it confuses people

Eliza
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Re: Definition Of Frontager

Post by Eliza » Fri Apr 06, 2018 6:28 pm

I'd agree with Collaborate's definition of frontager - ie a house (or other building) that "fronts" onto the road. If what is in front of the building isnt the road - then the property isnt a frontager (ie even if using the road for access - or having a side boundary to the road).

If front boundary is to the road = definitely a frontager. I've also read that a back boundary to the road = a frontager. But not a side boundary (ie the road isn't either in front or behind the property).

Think it would probably help if it was established as to why the query has been made. As my understanding is that if the deeds say maintenance of road is paid and/or the property has ROW, then that is how it is.

But, if someone isn't a frontager, then the responsibility for any damage claims made on the road, for instance, (eg cars getting damaged by potholes) would rest with any known owner (ie because it isnt "maintenance").
Apologies for not giving exact personal details in my posts - you never know who is reading....

jonahinoz
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Re: Definition Of Frontager

Post by jonahinoz » Sat Apr 07, 2018 7:06 pm

If front boundary is to the road = definitely a frontager. I've also read that a back boundary to the road = a frontager. But not a side boundary (ie the road isn't either in front or behind the property).

Hi Eliza,

That's interesting to know. Thankyou. I assume that the LA decree which road that you "front", by allocating the number of your house?

John W

MacadamB53
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Re: Definition Of Frontager

Post by MacadamB53 » Sat Apr 07, 2018 11:35 pm

MacadamB53 wrote:Hi wilkin64,

does the property share a boundary with the road (or it’s verge)?

if “yes” it has frontage, if “no” it doesn’t have frontage.

simples.

kind regards, Mac
ps the unadopted road is the responsibility of the owner(s) who may or may not be the frontagers...
to be clear - this isn’t merely my opinion or suggestion, it’s the definition

Clifford Pope
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Re: Definition Of Frontager

Post by Clifford Pope » Sun Apr 08, 2018 8:59 pm

This thread seems to cover the ground:

https://www.gardenlaw.co.uk/phpBB2/view ... =4&t=19345

It seems to be clear from this that any part of a property's boundaries adjoining a road constitute "frontage", nothing to do with front door, street number etc.

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