Q:We want to purchase a site which abuts a road which is not publicly maintained. The road is not registered and none of the adjoining owners can provide information as to who owns it. Who is the owner likely to be?

March 1, 2002
There is a legal presumption that the boundary of land abutting a road extends to the middle of the road unless contrary evidence is shown. Therefore if there is no mention of the road ownership on the title documents for your site or the adjoining land, then this presumption is likely to apply. Consequently when you purchase the site you may be able to presume that you own the part of the road fronting the site, to the centre of the road. However, before you proceed, you must check with adjoining owners, the local authority and any other relevant parties to see whether any contrary evidence is available. In some circumstances it is advisable to obtain indemnity insurance.<p></p><p></p>

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