What exactly does the SDRA own?

The freehold of South Drive road and verges was originally owned by The People’s Investment Company Limited (PICL), the original developer of South Drive, Murdoch Road, Crescent Road and Sturges Road. PICL went into liquidation at the outbreak of the Great War, and its property assets defaulted to the Crown Estate. In 2002 the SDRA acquired the freehold of the South Drive road and verges from the Crown Estate. A copy of a Land Registry plan depicting the area now owned by the SDRA is shown below. In addition, the SDRA has the verge at the end of the South Close turning point.

Does the area owned by the SDRA include the verges and roundabout?

Yes – please refer to the plan below

Who is responsible for the maintenance of the road?

The Restrictive Covenants put in place by the original vendor of all land fronting onto South Drive, The People’s Investment Company Ltd, in the first decade of the 20th Century, and which have continued to the present day through subsequent changes of ownership and plot subdivisions, typically include the following obligation (the exact wording can very, but only slightly, from one property to another):

“That the Purchaser, his heirs and assigns will keep in repair such portion of the said road called or known as South Drive as abuts on the said plot, piece or parcel of land hereby assured, from the boundary of such plot, piece or parcel of land to the centre of the road until the same shall be taken to as a public highway and maintained as such out of some public fund.”

This covenant remains in place regardless of whether the road is owned by the Crown Estate or by the SDRA. Since the road has not been adopted by the Council as a public highway, the SDRA has voluntarily assumed a collective maintenance responsibility for the upkeep of the road that abuts the frontage of the property of each SDRA member.

What is the position regarding frontage owners who are not SDRA members?

Under the above covenant, they remain responsible for the maintenance of the section of road adjacent to their property up to the centre of the road. If they fail to maintain it, forcing the SDRA to do so for the safety of its members, the SDRA will claim from the non-member compensation for the costs it incurs.

Non-members are advised to take appropriate public liability insurance to cover them in the event of damage or injury arising on or from the road and verges beyond their frontages.

Who is responsible for the verges?

Property owners remain responsible for the maintenance and repair of the verges under the above covenant. South Close residents voluntarily maintain the verge at the end of the turning point. The SDRA subscription is set at a level that does not include the costs of maintaining verges, which would be very costly.

What if someone is injured or suffers damage from the verges - for example a tree located on the verge falls down, or someone trips on a stone intended to inhibit parking on the verge, or a broken kerbstone?

The verges, as shown on the attached plan, are owned by the SDRA but the obligation to maintain the verges rests with property owners. Damage or injury caused by falling trees growing out of the verge owned by the SDRA is the responsibility of the SDRA unless the property owner has failed to maintain the tree in good condition and that failure contributed to the tree falling and causing the damage or injury, in which case the property owner may be partly or entirely responsible.

Regarding stones, kerbstones or any other obstructions that may cause damage or injury, it is the responsibility of the property owner to ensure the verge outside their property does not create a danger and that they are appropriately insured.

Who is responsible to the maintenance of the roundabout?

The SDRA has assumed responsibility for the maintenance and upkeep of the roundabout. In practice, one of the adjacent SDRA members maintains the roundabout without charging the SDRA.

Who drains the verges?

The SDRA owns the drains that it inserted into the verges or the road.

Who is responsible for the upkeep of the drains - eg keeping them debris-free?

The property owner is responsible for regularly keeping the drains in their verges free from debris.

Can a property owner incorporate their section of verge into their property?

Not unless this is done with the agreement of the SDRA.

Plan of the area of South Drive owned by the SDRA