[Talk-GB] Private roads that are private for maintenance but are publicly accessible

[Ian Spencer]

Craig Wallace wrote on 26/05/2010 12:46:
> On 26/05/2010 12:12, Ian Spencer wrote:
>    
>> Hi
>>
>> I noticed that a local road which is private is designated as
>> access::private on OSM. My reading of that tag is that it implies users
>> need permission to use the road. However, in common with many private
>> roads, it is in private maintenance, but it is public access - they have
>> never tried to restrict public access, nor is the "private" sign
>> anything other than a statement that the road is private, it does not
>> say, for example :Private, no entry". As far as any user is concerned,
>> they can treat it as a normal road.
>>
>> I suppose the appropriate thing is to change access yes (or whatever the
>> normal state is), and then add a note to ensure it is not re-instated.
>> Does that sound right?
>>      
> access=yes means the public have a legal right of access, ie its a right
> of way for all traffic.
> It sounds like that's not the case here. The owner could probably
> restrict access to the road if they wanted to.
>
> Probably better to tag it as access=permissive, ie "the owner gives
> general permission for access".
>
>
> Craig
>
>
>    
The interesting thing is that the one thing that it is not is 
access=permissive - the owners have lost their right to a private way 
because over many years they have not sought to enforce or restrict that 
right of way, yet they have not given permission. However, it is in 
limbo in that no definitive way is defined for the road. In reality it 
is simply an unadopted road going back say 100 years.

Having read around a bit more, I believe the legal position is that it 
can still be a public highway even though it is unadopted, so I would 
say that the access=private flag should be sparingly used only for those 
private roads and paths that display notices to that effect.

So the challenge for the mapper is when is a private road an unadopted 
public highway and when is it a truly private access?

Spenny