Perhaps I should answer those points briefly. The reason for including other public departments is because there can overlap. For example, some of these roads are part-owned by a local authority, so you cannot rule out an interest by another public authority. The noble Baroness’s second point about the Crown is very important. I had thought of adding to it but I had already said enough, in a sense. It is said—although I have never known this to be tested—that if you can prove there is not an owner you can approach the Crown to buy the road. It is interesting because that is in direct conflict with what the Land Registry is saying, which is that all roads are owned. My understanding, from talking to one of the lawyers involved in a case, I think, was that if you proved it is not owned—presumably you would have to do that by checking back through wills and so on—you can then approach the Official Solicitor to buy the land. The duty is not on you to prove that it is unowned—I am not sure you can do that in this context. I think that is an important point.
I am not quite clear what the noble Baroness meant by the adoption issue. There is a whole range of names for these roads: private roads, unowned roads, adopted roads. Is that what she means—
Protection of Freedoms Bill
Proceeding contribution from
Lord Soley
(Labour)
in the House of Lords on Thursday, 12 January 2012.
It occurred during Debate on bills
and
Committee proceeding on Protection of Freedoms Bill.
About this proceeding contribution
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2010-12Chamber / Committee
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