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

[Ian Spencer]

Gregory wrote on 26/05/2010 13:38:
> On 26 May 2010 12:12, Ian Spencer <ianmspencer at gmail.com 
> <mailto:ianmspencer at gmail.com>> wrote:
>
>     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.
>
>
> Just because it doesn't have a gate/barrier (would be annoying for 
> residents) doesn't mean they are happy for everyone to be using the 
> road. Similar to work that doesn't say "Copyright xxx" you still have 
> to check to see if your allowed to copy it.
>
> In my experience if the road isn't a dead end then it the surface is 
> either cobbles or not cracked/potholed tarmac/concrete so it avoids 
> people using it as a shortcut and making the road busy.
>
> I would like to expand on the tagging of gates, to know if they are 
> usually left open/closed and unlocked/locked, are people using the 
> status tag for that?
> One example I saw yesterday is a road entrance which has no access and 
> a door that is kept shut/locked, but next to it is a pedestrian door 
> that is kept open for access to the road. Some new residential roads 
> have closed gates, but actually there is no lock on them so you can go 
> in and survey it, others the gates are left open and sometimes have 
> plants holding them open.
>
> -- 
> Gregory
> <mailto:osm at livingwithdragons.com>

In this case, the specific issue is about easement. It is a through 
road, and as they have not closed it off ever, then essentially they 
have lost their rights and it is a de facto public highway whether they 
are happy about it or not. Unlike copyright, private roads can go into 
the public domain, if you like. The main highway to the station where I 
live used to be closed once a year within living memory for that very 
purpose.

Ah, gated developments, the curse of 21st century Britain. Mutter, mutter.

Spenny