Public Liability Insurance for Shared Access Road

Mark_jmc

Frequent Poster
Messages
83
Hi All,
I am in the process of buying a property and as the title suggests their is a shared access road up to the house (less than 100 meters long ). This 'road' will be 'owned' by me- its on the maps etc.
There are 4 houses on the way up to the house that have right of access to this road.
Should I/Will I have to take out public liability insurance as if something happened on this road I would be liable?
Is this something I would get though house insurance or separately?
If I do get it is there a standard policy for this?/Any idea of the annual cost of such a policy?
I have never come across this before
many thanks,
Mark
 

cremeegg

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2,794
If the OP will own the road, her situation is different from the other homeowners who just have rights of way.
 

Mark_jmc

Frequent Poster
Messages
83
thanks for the replies,
with regard to the mortgage- we made the bank aware of this road- they don't have an issue and it won't affect the mortgage offer.
I got a quote for public liability insurance up to 6.5 million for the 'road' -€299 per annum- I think i'll get this for peace of mind,
I don't think the previous owners had a policy in place
 
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selfbuilder

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87
Can I ask who did you get the insurance quote from? I am in a similar position myself and have been putting off getting sorted.

Thanks.
 

Mark_jmc

Frequent Poster
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83
Hi Self builder- I got it from a broker- I'm not sure which insurance company it was with- I'll be sorting the policy in the next few weeks-i'll let you know which company then,
Best Regards,
Mark
 

selfbuilder

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Messages
87
Hi Self builder- I got it from a broker- I'm not sure which insurance company it was with- I'll be sorting the policy in the next few weeks-i'll let you know which company then,
Best Regards,
Mark
Thanks that would be great.
 

DCD

Frequent Poster
Messages
289
Marc,
Why in a situation like this would you have liability if you did nothing wrong? If you ignored a major hole in the access road or ignored a hazard you might be liable. Take an accident/event on a public road one cannot sue the council unless the council caused or ignored a hazard/problem.
Across the country situations like this exist. Across the country walkers go across private land and the land owner is not liable unless there was entrapment or neglect. Not a legal person just another road owner. Only difference other houses on my lane way are collectievely responsible for maintenance of same. It was part of their planning conditions.
 

OMC FIX

Registered User
Messages
21
If you must pay for or share the cost of public liability insurance on this road it suggests that the road is a private road (has not been taken in charge by the Local Authority). Is that the case ? Aside from the need for and the cost of public liability insurance, consider too who must pay for maintenance of the road and the services that might (probably do) run alongside or under the road. Those costs, if they arise, are far bigger costs to consider.
 

DirectDevil

Frequent Poster
Messages
582
Just came across this and something occurs to me.

Has OP's solicitors raised a query with the vendor's solicitors about the presence of any formal agreements as between the properties in relation to the shared "road" ? I would be reluctant to buy without getting that straight.

I know that I posted about this general subject on another thread - cannot remember when ! We have a situation where our neighbours and ourselves share a common driveway. In each of our respective deeds bundles (yes, the properties are that old) there are formal agreements that cover the responsibilities and potential liabilities of the respective properties. Each of us owns our respective halves of the drive to the mid-point. Each of us is legally obliged to grant right of passage to the other over our respective sides. Each of us is obliged to maintain our respective halves. This latter point could be problematical as if we failed to maintain we could be liable if our neighbours were injured whilst passing over our half as they are entitled to do.

I note that the other properties are not apparently owners but have a right of access. However, I would still be looking to see if there are any formal written agreements to cover those relationships as, if there are, that might answer a lot of questions.

Additionally, if there are formal agreements in place you might be very surprised by what they say in relation to the status of the respective properties. e.g. could there be actual ownership of parts of that road attaching to any of the other properties ? OP's solicitor should be investigating these matters.

Finally, many insurance policies covering legal liabilities exclude claims where a liability arises under contract / agreement if it would not have existed otherwise. Be careful that there are no agreements with those neighbours that effectively confer a contractual obligation on you as distinct from plain and separate negligence.
 

TCR_JNP

New Member
Messages
3
Hello Mark, We are looking at buying a house that has shared acess at the front on land that we would ulimately own. Could you please let me know what broker or insurance company were in a position to provide you with public liability insurance for road? If anyone else knows of brokers or insurance companies that offer such protection, i would also appreciate if you could let me know.
Thanks in advance.
 
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