Kids riding bikes on "private" estate

[tornandfrayed]

As you say it's complicated but here's a brief summary..

What is the difference between a private street and a highway?

Roads/footways and footpaths can ONLY exist in one of three distinct legal types:-
1. A highway maintainable at the public expense
2. A highway maintainable at private expense
3. A private street/footway or footpath

No 3 is one which the public have no rights to use unless permission is given by the owner. ie these have the same status as a path or drive at someone’s home.
The difference between 1 and 2 is who maintains them. In all other respects they are identical.
The above means:-
It is the RIGHT of the public to use a road/footway/footpath that is crucial not who maintains it

If you live in the City of Manchester the people to contact are http://www.manchester.gov.uk/info/1...transport/1954/road_ownership_usage_and_plans
Other local authorities will have their own department covering this.

I hope this helps.

 

[Stoned Rose]

Right next to my house is an expensive new build estate. The houses are for sale for around a million and most have been moved into. It has an electronic gate for vehicle access but the gates for public access are always open.

My boys (aged 9) have just learned to ride their bikes, and tonight took them onto this estate and rode them around. They came back upset because some geezer came out and told them to leave because it was 'private'. There are no signs restricting entry, or saying Private Road, but I understand that many of these new estates are left unadopted/private by the council from a maintenance point of view.

Whilst I'm not the sort to be wilfully awkward with neighbours, or to demand my rights just because I can, I can't help but feel this guy is being a bit of a dick. There isn't really anywhere else safe for my boys around here as beginners, and they are quiet and well behaved, just riding around a quiet estate quietly.

Does anyone know whether this guy actually has a right in his own to kick them off? I know trespass is a civil, not police, matter, so I suspect in reality there isn't much he could do. I'm anticipating some kind of scene if it happens again and I'd like to know what rights this guy has.

Thanks to anyone for any help. I appreciate this sounds like one of those one-sided stories you get on the internet but it really isn't.

He has the right to good slap to the nostrils the busy ****.

 

[Didsbury Dave]

As you say it's complicated but here's a brief summary..

What is the difference between a private street and a highway?

Roads/footways and footpaths can ONLY exist in one of three distinct legal types:-
1. A highway maintainable at the public expense
2. A highway maintainable at private expense
3. A private street/footway or footpath

No 3 is one which the public have no rights to use unless permission is given by the owner. ie these have the same status as a path or drive at someone’s home.
The difference between 1 and 2 is who maintains them. In all other respects they are identical.
The above means:-
It is the RIGHT of the public to use a road/footway/footpath that is crucial not who maintains it

If you live in the City of Manchester the people to contact are http://www.manchester.gov.uk/info/1...transport/1954/road_ownership_usage_and_plans
Other local authorities will have their own department covering this.

I hope this helps.

Thanks mate. That's my understanding of it, pretty much. What I'm not sure of is whether an unmarked housing estate can legally be a fully "private" street. I don't think it can. Even the postman would need permission. What if I live there and decide that I don't want my neighbour's mum on the street?

 

[snorky]

Thanks mate. That's my understanding of it, pretty much. What I'm not sure of is whether an unmarked housing estate can legally be a fully "private" street. I don't think it can. Even the postman would need permission. What if I live there and decide that I don't want my neighbour's mum on the street?

Mate. I don't think you would be allowed to have your neighbour's mum on the street

 

[discopop]

Firstly 9 years old and only just learnt to ride a bike? fucking hell man what kind of father are you? Secondly brick Victor Meldrew's the busy twat.

 

[west didsblue]

As you say it's complicated but here's a brief summary..

What is the difference between a private street and a highway?

Roads/footways and footpaths can ONLY exist in one of three distinct legal types:-
1. A highway maintainable at the public expense
2. A highway maintainable at private expense
3. A private street/footway or footpath

No 3 is one which the public have no rights to use unless permission is given by the owner. ie these have the same status as a path or drive at someone’s home.
The difference between 1 and 2 is who maintains them. In all other respects they are identical.
The above means:-
It is the RIGHT of the public to use a road/footway/footpath that is crucial not who maintains it

If you live in the City of Manchester the people to contact are http://www.manchester.gov.uk/info/1...transport/1954/road_ownership_usage_and_plans
Other local authorities will have their own department covering this.

I hope this helps.

Even if it falls into the third category, he probably won't own the street and pavement outside his property. Only the landowner would be within his right to restrict access which is probably the developer and they probably don't care. If they did, there would be a sign at the gate to the estate.

 

[west didsblue]

Thanks mate. That's my understanding of it, pretty much. What I'm not sure of is whether an unmarked housing estate can legally be a fully "private" street. I don't think it can. Even the postman would need permission. What if I live there and decide that I don't want my neighbour's mum on the street?

You could check whether this guy owns the street in front of his house by downloading a plan from the land registry for his property. I think it costs £3.

 

[bluethrunthru]

I would imagine if its a public road there is a public right of way and so your kids can ride there. I assume they/he don't object to the paper boy cycling there with the papers? Milk being delivered? Window cleaners? Tesco and the like delivering?

If he drives past your house on his way to his "private" road flag him down and ask him what right does he think he has to drive past your house lol

 

[Ronnie the Rep]

Even if it falls into the third category, he probably won't own the street and pavement outside his property. Only the landowner would be within his right to restrict access which is probably the developer and they probably don't care. If they did, there would be a sign at the gate to the estate.

I have a house in Devon which is on a private estate and the home owners DO own the land around the houses such as the footpaths, landscaped areas etc so if the same is true here then the homeowners do have the right to stop anyone trespassing. normally the company or association set up by the owners will have a set of policies to cover it. in which case it is the company or association that sets and enforces the rules not just some random home owner. what if the kids were visiting another home owner?

 

[kaz7]

If the public access bit for people then there shouldn't be anyone on a bike or motor bike coming through,like not being allowed to ride on a public walk way,he might have a point