Unadopted or private road opinion.

[Jcloughie]

My next door neighbour is 85 with dementure. Her daughter and son in law try hard to look after her but also need to work. They do have some care support. The daughter takes mum around the block each day weather permitting. Mum has taken to mothering some teddy bears and will not be parted from them.

Today they went into the next road. This is unadopted. It is a no through road so only has local traffic. Many use it continually for pleasant walks, with or without a dog. It leads nicely to a pub and the canal.

We have been walking it for 43 years, others longer. Residents have always been very friendly. Until today.

Daughter and mum were walking and paused while a resident reversed her BMW into a drive. No hurry, no problem. But when they moved forward, the car came out again, scaring the old lady. The driver got out and told them they had no right to be there, as it is a private road.

My understanding is that unadopted roads that have no signage are deemed to have access. But if they do have a sign saying ‘No Entry, Private Road’. Entering could be deemed as trespass. A civil offence.

As there is no signage, I feel this woman is out of order, as no offence was being committed. But also, by scaring a lady who was very clearly nervous.

Opinions?

 

[otherclive]

My next door neighbour is 85 with dementure. Her daughter and son in law try hard to look after her but also need to work. They do have some care support. The daughter takes mum around the block each day weather permitting. Mum has taken to mothering some teddy bears and will not be parted from them.

Today they went into the next road. This is unadopted. It is a no through road so only has local traffic. Many use it continually for pleasant walks, with or without a dog. It leads nicely to a pub and the canal.

We have been walking it for 43 years, others longer. Residents have always been very friendly. Until today.

Daughter and mum were walking and paused while a resident reversed her BMW into a drive. No hurry, no problem. But when they moved forward, the car came out again, scaring the old lady. The driver got out and told them they had no right to be there, as it is a private road.

My understanding is that unadopted roads that have no signage are deemed to have access. But if they do have a sign saying ‘No Entry, Private Road’. Entering could be deemed as trespass. A civil offence.

As there is no signage, I feel this woman is out of order, as no offence was being committed. But also, by scaring a lady who was very clearly nervous.

Opinions?

The lady driver of the car should be ashamed of herself with that attitude. Sorry cannot advise on the legality of access. But if it’s an unadapted public highway then there is a public right of way. Best to check with the local authority highways dept.

 

[Devonisheaven]

Be as polite as you can, and tell her to go forth.

 

[toad a caravan]

Not clued up on the lawful side of things but they may have been on a public right of way similar to ramblers etc..there are some arrogant self centered people around that need a lesson in manners and respect,,we all get old,,I know I have(ouch me back). 😄

 

[Mr Plodd]

Totally impossible to give any sort of view or opinion without knowing much more as there are all sorts of issues in such circumstances.

Unadopted roads can still be public thoroughfares with the right to "pass and re-pass"

Private road can still be public highways, its just that the local highway authority are not responsible for its upkeep.

There are footpaths, these lead from place to place, unlike a footWAY which is what most call a pavement alongside a road.

Then there are bridleways, and "green" lanes.

The list is pretty much endless.

Finally there is NO such offence as "trespass" provided no damage is caused.
So basically I woupd tell this woman to go and do one!!