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Common Land Issue - what's normal practice?
baz2277
Posts: 49 Forumite
Hi all,
I am the first (potential) resident of a development of 3 homes that come with a parcel of common land, which holds the parking spaces, access to the main road and a small area of tarmac ie turning area etc.
The other 2 properties are not yet ready or sold, mine is - almost. The developer wants to transfer the responsibility of the whole of the common ground to the person who buys the final property, and the other 2 properties (which will include mine) would pay this resident to maintain the common ground.
My solicitor advises this is fraught with potential issues, and suggests setting up a management company comprising the 3 property owners who will each have an equal share in the common ground, and will be required to contribute equally into it eg for public liability and maintenance requirements as and when they arise.
Can you tell me which of the 2 above options is the usual way to do this?
I will add further details if/once I get some replies (I don't want to sway the argument either way at this stage!)
Cheers!
I am the first (potential) resident of a development of 3 homes that come with a parcel of common land, which holds the parking spaces, access to the main road and a small area of tarmac ie turning area etc.
The other 2 properties are not yet ready or sold, mine is - almost. The developer wants to transfer the responsibility of the whole of the common ground to the person who buys the final property, and the other 2 properties (which will include mine) would pay this resident to maintain the common ground.
My solicitor advises this is fraught with potential issues, and suggests setting up a management company comprising the 3 property owners who will each have an equal share in the common ground, and will be required to contribute equally into it eg for public liability and maintenance requirements as and when they arise.
Can you tell me which of the 2 above options is the usual way to do this?
I will add further details if/once I get some replies (I don't want to sway the argument either way at this stage!)
Cheers!
0
Comments
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Your paying your solicitor for his professional services including advice, why do you think you shouldn't heed it?
If you don't find joy in the snow,
remember you'll have less joy in your life
...but still have the same amount of snow!0 -
Your solicitor has given you good advice. Instruct him to contact the developer's solicitor advising you will expect a communally owned managment company.0
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I just wanted the opinions or thoughts of others - especially if anyone else has been in a similar position.0
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The usual way is to have a management company, but then I imagine its remit needs to be tightly defined, as should procedures for non-payment etc.
I say this because I live close to properties where the management company has had problems obtaining payments from a few individuals, and where there is some disagreement about the levels of maintenance.
For example, there were 3 acres of communal leisure space, but these have long become too overgrown to be used.0 -
Isn't that bit of communal land land the local Council should adopt then? That would save all the bother about just who deals with it/pays for it.0
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Councils are now very reluctant to do this, for very obvious reasons!moneyistooshorttomention wrote: »Isn't that bit of communal land land the local Council should adopt then? That would save all the bother about just who deals with it/pays for it.0 -
Our home sits up a driveway that serves 4 properties. Each property owns land adjacent to it along the drive and other property owners have access rights across the drive for turning. Each property is responsible for its land.0
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