Council wanting to Surface Private Road

Is the issue that you are happy to have the council pay to resurface the road but you're concerned that allowing them to do so might affect your claim to be the owner of same road?

If the council claims that it is now a public road i.e. they have 'taken it in charge' then it begs the question: why did they send an engineer 'to ask permission to surface' - your words?

That's a bit extreme - the council can't acquire ownership of private land by slapping a layer of tarmacadam on it!

Do you want the road surfaced or not? If yes, all you have to do is write a letter to the council, tell them they can resurface it if they like but it's your private property. The fact that an engineer called to you to ask for permission would indicate that they seem to be aware of your ownership. But as you say, the situation is confusing - I can't understand why they would want to resurface a privately owned road.

If the council takes responsibility for maintenance (likely to be clear from it resurfacing it) then it becomes a “public road” for Roads Act and Road Traffic Act. That may not impinge on the OP’s ownership but it does affect his right to use/exploit his asset.

Correction, it becomes a public road for RTA but not for Roads Act (which requires a public right of way in addition to maintenance). Inter alia it would mean limitations on parking if it’s narrow and an obligation to have insurance and motor tax on any vehicle parked in it.

Is there a public right of way running through your property? You say other people use the road. Is it a private right of way or is it public right of way? Does the road give any access to a public area like a park or beach etc that the public have been using for a long time.

The council would not resurface a road that they did not think was public. That does not mean they think they own the land or bought it. It is just they belive there is a public right of way over it so have an interest to maintain it. Once a road has become public your ownership becomes pretty ilusionary. However you seem to believe it is not public but private. If you belive this and dont want it to become public then you shoukd right to the council telling them they are trespassing if they try to resurface. If you do nothing and allow the council to resurface and maintain the road it will become public by those actions.

There are houses built on land which is accessible only by a road that you consider to be your private property. That suggests that you sold sites with a right of way across your property. So why would you have a problem if the council wants to resurface the road? Haven't you all but given up on your rights over that strip of land anyway?

What could be happening here is that the road could be the subject of an application under what is known as a Local Improvement Scheme . This is where a number of affected landowners and or householders have submitted an application to county council to have a NON public road repaired. You should have been a party to this application if the road is on or adjoins your land /house.

The Council doing work on a non public road does not change its status. It does not become public by virtue of the repair .

Reading between the lines, it would indeed be in the OPs and other householders interests to have the local authority put a nice tarmac surface on their road at public cost. But they don't want the riff raff (i.e. the public) then using same road to access the sea at a strand.

One other thought. The council might have money to spend on roads and want to spend it. If they don't spend it then its gone and they probably won't get as much money next year.