… asked no-one, ever. This is not really a frequently asked question, but is something that many of the other questions are linked to. So it’s worth answering once and then future FAQs can refer back to it.
The first hurdle is to ask what defines a ‘road’, and it turns out that it is not the physical construction (whether it is constructed of tarmac, gravel or mud). More important are the matters of rights-of-way, maintenance, and ownership, which in legal terms are dealt with separately.
This is perhaps the most interesting legal description of Ifold’s private roads, and these public RoW are correctly recorded on the ‘definitive map’. This is a paper map stored at Chichester and available for the public to view, but not copy. A more readily accessible resource is the iMap: http://www2.westsussex.gov.uk/lvmaps/imap.html
[search “Ifold”, click on the pin icon (map features), then select public rights of way]
The map correctly shows Ifold roads as a network of public footpaths (for pedestrians) and bridleways (for equestrians) and specifically no byways (for motor-propelled vehicles).
Having compared against the definitive map, IEL can confirm that the iMap records match correctly.
Note that the definitive map covers public RoW and that private RoW can share the same ground. This applies to Ifold’s private roads where residents and their guests are granted private access (an easement) for vehicles through deeds with individual properties.
Maintenance
The next important legal status is whether these roads are ‘adopted’ by the local highways authority. To use the full terminology, the two choices are “highways maintainable at public expense” and “highways not maintainable at public expense”. Ifold has the latter. This “unadopted” status means that WSCC is not responsible for any of the maintenance, including road surfacing, signage, sweeping, gritting etc.
The adopted status is also viewable on the iMap, but starting from this link:
https://www.westsussex.gov.uk/planning/local-land-charges/local-land-charges-map/
Ownership
As with adoption above, the highways authority must keep a register of private roads, and again this is communicated out through iMap:
https://www.westsussex.gov.uk/planning/local-land-charges/local-land-charges-map/
This map shows those roads with a public RoW (as footpath or bridleway) as category P (private street or road) and the cul-de-sacs with no public RoW as category Q (Non-maintained road, new estates/private lanes)
IEL was set up to hold the titles for the private roads, which can be viewed here: WSX285419 Title Plan – Ifold Private Roads
Which raises the question of speed limits.
“Private Roads Limits
Speed Limits legislation applies to all accessible roads regardless of ownership . But it is rare that the appropriate Authority will be able or allowed to provide the necessary signs on private land, and therefore in nearly every case the speed limit can not be enforced.
Many Private Roads have signs indicating Speed Limits below the those prescribed by legislation (eg 5mph in along a service road). It can be argued that the landowner can attempt to enforce these limits by arguing that travelling in excess of the given speed limit breaks a contract, and or, results in trespass. ”
In other words in Ifold the National Speed Limit applies – i.e. 60MPH for single carriageway.
Unless you reach an agreement with WSCC for a “20MPH Zone” – which Ifold Estates has NOT.