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Mutsa Chikede Nailing it
New suburbs around Zimbabwe are complaining that new houses are fronted by unadopted pot-holed dust roads with defective drainage and sometimes no street lighting.

Unadopted roads are those roads done by property developers but not maintained by a local authority or not yet handed over to the local authority.

I will use the term unadopted referring to those roads that are not yet handed over to the responsible local authority.

In most residential developments, unadopted residential roads are poorly maintained, the duty to maintain them falls to the frontagers, ie the owners of the property fronting that road, side, or length.

With these types of roads, the public usually has the right to freely. Furthermore, those responsible for its maintenance do not get rights over the road to declare it a private on account of their financial contribution. They can’t construct a gate at the road’s entrance.

If you want to buy, get a word from the developer on the maintenance of the road and get confirmation that the road has been handed over to the local authority.

A property on an unadopted road can be a major stumbling block in a conveyancing transaction, why? Because most developments will not qualify to have deeds.

Fulfilling the requirements on the subdivision permit is a major step towards having your road adopted by councils. Ask for the permit and see if all requirements are done.

The purchaser may also want to know how the unadopted road could be adopted by council. This may include extra cost to the buyer. This is purely a decision for the local authority, who will expect the road’s current condition.

The expense of bringing an unadopted road up to a suitable standard has to be met by the owners of the properties fronting the road. This has been a major problem, most developers have failed to complete the roads so that they cannot be given certificate of completion.

The council could potentially carry out the work on the road themselves and then invoice the property owners for the cost — one more concern a potential purchaser should be made aware of.

Under the agreement the developers may be contracted to ensure the road was built and maintained to the right standard and ultimately adopted. Where there is an agreement and the road hasn’t been adopted, it should be inquired with the council why this may be the case. It is possible the developers have failed to maintain the road to the required standard.

This means unadopted roads could end up as a litigation nightmare for those living on it. This is particularly the case since owners will not be a party to the agreement, so they can’t legally force the council’s hand over the matter.

As a result of all this, it is important that clear and unequivocal language is used when explaining to any client what an unadopted road is and what the risks are.

This way they can’t then turn around and blame the agent for any unplanned repercussions of living on an unadopted road.

There are apparently all sorts of minor problems which have to be overcome before streets can be adopted and this is made worse by the fact that most developers, who would normally be the person pushing for adoption, went bust in 2008.

This has happened in suburbs like Picnic Park in Waterfalls. In the normal run of things they would be the people pushing for adoption because it would take maintenance off their hands.

Risks & Disadvantages

There are a number of alarming factors and issues that residents are often unaware of when living in an un-adopted site.

Below are just a sample of the concerning issues that should serve as a huge motivator for residents campaigns and demonstrate the exposure that residents are often unaware of when inhabiting a housing estate where the infrastructure (roads, sewers, public open space) are not adopted.

The negativities and risks of living on an unadopted property

• Unmaintained street lighting — so the council will not repair the lighting. You will always stay in the dark.
• Dirty and muddy roads with debris and stones all over, you can see this all over Harare’s new suburbs.
• Your gullies will not be cleaned and may be full of debris where rats may breed.
• Regular health and safety inspections will not be undertaken to ensure the development is safe.
• The value of a property can be negatively affected if a house is situated on a site that is not adopted. Some houses built in these areas don’t have their plans registered with local authority. Kungovaka .
• Legal complications and increased associated solicitors’ costs can be experienced when dealing with the sale of a property on an unadopted site.
• Complications can be caused when looking at mortgage approvals.
• Unadopted sewers can cause bad smells and hygiene issues (cross connections, poorly laid pipe, etc).
• If the developer doesn’t get the site adopted, the Local Authority in the future can serve notice on the residents of a scheme who are accountable and required to pay for any required works.
• Your property may technically not have planning permission if adoption the sewers and roads was a stated planning condition on the subdivision permit.
• Car insurance claims can sometimes be questioned if an accident has occurred on a private road (ie not adopted) mainly there are no road signs to warn users.
• If a developer does not achieve adoption further down the line the roads could be sold to a management company who would begin charging the residents on the site for its management. That will be expensive.

There are a whole host of additional issues that we are able to advise and comment on should you have any specific queries.

If you are considering buying a property situated on an unadopted road, you need to be aware of your liability for the road.

Before buying a house on an unadopted road, you should consider whether the road requires any repair and how much it will cost, as well as who else shares the road and who will be using it. It’s also worth noting that as the council doesn’t pay for the unadopted road, rubbish collectors may not even travel down the road on their route so you would have to double-check with your local council if this is the case or not.

Neighbours sharing an unadopted road

If you share the unadopted road with other residents, there may be a communal agreement in place with the neighbours to all contribute equally toward the maintenance and insurance of the road. Especially if the unadopted road has a lot of potholes.

Who’s liable for accidents on an unadopted road?

Private Road Insurance (or Unadopted Road Insurance) is a crucial type of land insurance for those who own an unadopted road as, if anyone were to have an accident on the road, the property owner could be held liable for any injuries caused to the third-party.

Therefore it is important to maintain the road to an acceptable standard. Though Unadopted Road Insurance is not a legal requirement, if your unadopted road is open for public access then it should be seriously considered as a way to financially protect yourself should the worst come to the worst. If there are multiple residents on the road, it is common for the residents to share the Unadopted Road Insurance policy.

• Mutsa Chikede is a property negotiator with TEREZIM FORTRESS PROPERTIES and if you want regular tips and updates WhatsApp join to 0718205562, for contributions call 05 759206 or [email protected]