Q&As

Can the owners of a property fronting an unadopted road (which they enjoy a right of way over) force an adjoining landowner to contribute to a proportion of the cost of repair and/or of bringing the road up to an adopted standard, if the council decided to adopt it, if there is a positive covenant to repair which is backed up by an indemnity covenant in the title?

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Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers
Published on LexisPSL on 28/10/2016

The following Property Q&A produced in partnership with David Sharpe of 12 King's Bench Walk Chambers provides comprehensive and up to date legal information covering:

  • Can the owners of a property fronting an unadopted road (which they enjoy a right of way over) force an adjoining landowner to contribute to a proportion of the cost of repair and/or of bringing the road up to an adopted standard, if the council decided to adopt it, if there is a positive covenant to repair which is backed up by an indemnity covenant in the title?
  • Case study
  • What is an easement?
  • Covenants to contribute to cost of maintenance
  • Upgrading the road

Case study

The landowner with the burden of the positive covenant to maintain/repair has no requirement or ability to use the unadopted road and access is obtained from another road.

What is an easement?

An easement is a right which a landowner has over neighbouring land. Rights of way are a common easement. Easements are generally negative in character. If there is a right of way over land then one must not obstruct it, but generally one is not obliged to take positive steps to keep the surface in good repair. See Practice Note: Easements for further information.

Covenants to contribute to cost of maintenance

An easement of a right of way does not automatically mak

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