The history of The Avenue and its maintenance is a complex one with neither the owner of the road (Cator Estates) or Bromley Council taking any responsibility for its repair.
This has further been complicated as Bromley Council reclassified the road as an unadopted highway. This means that any vehicle regardless of size can use the road but the road has to be maintained by the residents.
Cator Estates stopped maintaining the road in the late 1980’s after taking legal advice which concluded that they had no obligation as owners to maintain the road as the liabilities rested with the freeholders.
We have included a link to the Government paper here which sets this out. The point of law is that, should there be an accident and negligence was proved etc. it will be the freeholder’s front boundary to the middle of the road who would be liable.
As such it has become clear that from a legal perspective responsibility for the maintenance of the unmade portion of The Avenue falls to the freeholders.