Who Owns The Grass Verge Outside My Property

The question “Who owns the grass verge outside my property” comes up frequently for homeowners and tenants in the UK and South Africa, especially when disputes arise over parking, maintenance, or planting. The answer is often more complex than it appears, because ownership, responsibility for maintenance, and rights of use are not always the same thing.

In many parts of the UK, the grass verge between a private property boundary and the carriageway (road) is part of the public highway and is usually owned or controlled by the local highway authority. This is often a county council, unitary authority, metropolitan borough, Transport for London for certain major routes in London, or another statutory roads authority. For example, Surrey County Council explains that grass verges are typically part of the highway and are managed by the council’s highways department as part of the public road network, even when they are directly in front of homes. Detailed guidance is available on local authority pages describing how they cut, maintain, and regulate use of verges as part of their highways duties under the Highways Act 1980.

The legal concept that often applies is “highway maintainable at public expense.” A verge that forms part of such a highway is usually under the control of the highway authority, whether or not the local authority is the underlying landowner. In some situations, the surface may be public highway while the “subsoil” is still owned by an adjoining landowner or another body, such as a developer or estate. Guidance from UK local councils notes that land can be dedicated as highway without transferring the freehold ownership, meaning the authority has rights to maintain and regulate it as a highway even if it does not technically “own” the land underneath.

Because of this separation of ownership and control, a homeowner will not usually have an automatic right to park on or alter the grass verge outside their property if it forms part of the public highway. Many councils, such as Birmingham City Council and others, publish policies explaining that parking on verges or placing stones, posts, or planters there can cause damage, obstruct pedestrians, or create safety issues, and may be prohibited under local traffic orders or highways legislation. Several councils state that unauthorised works, including installing driveways across verges or planting trees, can be treated as unlawful interference with the highway and may require removal at the resident’s expense.

To establish definitively who owns the grass verge outside a specific property in England or Wales, the most reliable starting point is the Land Registry. The official HM Land Registry in England and Wales allows owners and interested parties to obtain a title register and title plan for a modest fee. These title plans show, in a general way, the boundaries of registered freehold or leasehold titles. By comparing the red-edged title plan for your property with the physical layout on the ground, you can often see whether the verge is inside or outside your registered title. The official service is available through HM Land Registry’s website and is the authoritative source for registered land boundaries and ownership.

It is important to note, however, that Land Registry plans show general rather than precise boundaries. The Registry itself explains that the plans are not intended to define exact boundary lines and that features such as verges, pavements, and roads may not always be clearly distinguishable on the mapping. In some cases, it may appear that the title extends to the edge of the carriageway; in others, it stops at a fence or wall. Where there is uncertainty, legal advice or a specialist survey may be required.

Local highway authorities maintain separate “highway records” that show which land is part of the adopted highway. Many councils provide an “adopted roads” or “highways search” service. For instance, several county councils explain that members of the public can request a highway extent plan or perform a “highways search” to find out whether a verge is part of the public highway. These records can confirm if the grass verge outside a property is highway maintainable at public expense, even if not clearly shown on the Land Registry plan. This means that, in practice, a combination of Land Registry data and local highways records is often needed to answer who owns or controls the grass verge outside a particular property.

In Scotland and Northern Ireland, different land registration and roads authorities apply. The Scottish Land Register, managed by Registers of Scotland, and the Roads Authorities (usually councils and Transport Scotland for trunk roads) have responsibilities similar in principle to those in England and Wales. As in the rest of the UK, verges alongside public roads are generally under the control of the roads authority, and private rights to use or alter them are limited.

In South Africa, the equivalent area between private properties and the roadway is typically referred to as a road reserve, verge, or sidewalk. Local municipalities usually own or control the road reserve, including the verge, even where adjacent homeowners are expected to maintain the grass. Municipal bylaws and land use schemes govern how these verges may be used. For example, South African municipal planning documents and bylaws describe road reserves as public property used for transport and utilities infrastructure, often including underground services such as water, electricity, and telecommunications. Residents may be responsible for cutting the grass but do not normally acquire ownership or unrestricted rights to build or park there. Some South African municipalities publish specific “verge maintenance” or “sidewalk encroachment” policies explaining that structures or parking on verges require permission and may be removed if installed without consent.

In both the UK and South Africa, public utility providers often have statutory rights to place and maintain equipment within verges, regardless of who owns the subsoil. Water companies, electricity distributors, gas operators, and telecom providers may install pipes, cables, or boxes within the verge under statutory powers. This is one reason councils and municipalities restrict what private individuals can do with grass verges outside their properties: private planting, edging, or structures might obstruct or damage essential infrastructure or hinder access when maintenance is needed.

When the grass verge is not part of the public highway or road reserve, it may be part of private land. In some private estates, shared driveways, or unadopted roads, the verge can be owned by a developer, management company, or collectively by neighbouring owners. In such cases, the title deeds or sectional title / homeowners’ association rules (in South Africa) and freehold or leasehold titles (in the UK) usually explain who owns and who is responsible for maintenance. Management companies or bodies corporate often impose rules on parking, planting, and signage on verges to maintain appearance and safety.

To determine who owns the grass verge outside your property in practical terms in the UK, a step-by-step approach is often recommended:

1. Check your title documents and plan through the official land registration authority (HM Land Registry for England and Wales, Registers of Scotland, or Land Registry of Northern Ireland). These will indicate whether the land in front of your boundary appears to be included in your title.

2. Request or view the local highway authority’s records for adopted roads and verges. Councils often accept enquiries by email, in person by appointment, or via formal “highways searches.” These records identify whether the verge is part of a highway maintainable at public expense.

3. Review local council or municipal guidance on verges, parking, and planting. Many UK local authorities publish clear statements that verges adjacent to adopted roads are highway land and outline what residents may or may not do. Parallel guidance exists in South African municipalities through bylaws and policy documents posted on official municipal websites.

4. Where records are unclear or overlapping, seek professional legal or surveying advice. Boundary disputes and highway status issues can be technical and may require expert interpretation of historical documents, conveyances, and statutory dedications.

The commercial website at https://www.whoowns.co.uk/ presents itself as a UK online property ownership search service. It appears positioned to help users find out who owns land or property, which may include areas like verges or adjoining land. However, it is not an official land registration authority and does not replace statutory sources such as HM Land Registry or official highways records. No public contact details found on the specific page examined. Users seeking definitive, legally reliable answers on “Who owns the grass verge outside my property” should therefore rely on official registries and public authorities, and treat any third-party search platform as a supplementary tool rather than a primary legal source.

Ultimately, in both the UK and South Africa, the grass verge outside a property is most often public land forming part of the highway or road reserve, with the responsible authority exercising control over its use and maintenance. Even where a homeowner owns the subsoil, public highway rights or municipal powers commonly limit what can be done with the verge. Establishing ownership and control requires consulting official land registration data, highway or municipal records, and applicable local regulations to obtain an accurate, verifiable answer.