Maintenance of private road

Old_Grey_Mare

agrinnall wrote: »

Have you tried to get your own quote for resurfacing the road? £33,000 for a mile long road may not be excessive given how much it costs to build a mile of motorway (several million at least).

No I haven't. The quote he has received is £68,000.

Old_Grey_Mare

moneyistooshorttomention wrote: »

Ah-ha and then there's another question for you to ask this solicitor when you see them.

1. How long have you had this smallholding?
2. How long have the others using this road had their properties?

One way or another - I'd be willing to bet at least one of you has had their property for over 14 years and therefore I would have thought (almost certainly) they would be under the conditions laid down in their paperwork at the time they bought their properties.

With that - then I can't really see how any of you that "came on the scene" within the last 14 years could have different conditions to them? Worth asking about that fact - as to whether different owners in the road could have different conditions perhaps?

From what I've read (as a layperson) I believe the law only allows for charging for private road maintenance to the standard it was at at the time the person/people with ROW on the road bought it. If the "owner" of the road then wants to do it to a better standard - then that's down to them and they can't charge the difference for that better standard. They can only charge for the standard it was at at the time the road-user bought their place.

So - how long have you had this smallholding of yours (ie did you get it before or after the upgrading of this track)?

Even if you did get it after the upgrading of this track - if your paperwork uses the same wording as the paperwork of the last owner of your smallholding prior to this road upgrading = would that last owners wording apply to subsequent owners (ie yourself)?

All round - I would have thought this guy might be on a very sticky wicket trying to charge for an upgraded standard to the previous one. Well worth checking on that point with your solicitor.

Very interesting, thanks. All residents have been there prior to the resurfacing. I've only owned the smallholding for 5 years. The paperwork is identical to the previous owners.

Old_Grey_Mare

moneyistooshorttomention wrote: »

Definitely something I'd be doing personally - and that quote would be for getting the road maintained to "previous farmtrack standard".

With that I'd be surprised if the actual bill comes to more a few thousand £s between all of you. It may be that the bill is, in fact, absolutely non-existent (ie because the road is already at the previous farmtrack standard - and therefore doesnt need doing to "maintain the status quo").

Between the improved standard (for his purposes only) and the public ROW (which you'd obviously still be able to use on the exact same basis as anyone else) - I have my doubts whether he can make you/anyone else there pay anything at all.

Very helpful information thanks.

moneyistooshorttomention

Old_Grey_Mare wrote: »

Very interesting, thanks. All residents have been there prior to the resurfacing. I've only owned the smallholding for 5 years. The paperwork is identical to the previous owners.

I think the word I want is "betterment".

That being is he allowed to have better standard at other peoples expense.

I would think the law would take a similar view to, for instance, if a landlord/lady let out a house to a tenant. That tenant then ruined a carpet - so, quite fairly, they would be able to claim the cost from the tenant of replacing the carpet. But - they wouldn't be allowed to replace it with a higher quality carpet. If a "same again" carpet would cost £200 - they wouldn't be able to replace it with a £1,000 carpet (at least not unless they paid the £800 difference for that better quality themselves).

glasgowdan

If the bill is 68k then he's paying 46k and asking 22k to be split between 4 of you. That part seems reasonable.

The issue is whether the work is needes, what the spec is and whether you want to arrange another quote yourself.

moneyistooshorttomention

At the moment - it seems OP only has this guy's word for it that that is what the bill is in total. If I recall aright - he hasn't even shown them the bill.

Even if it's accurate - okay he's not asking to be fully subsidised for "his own personal choice to suit himself" - but he is still after a degree of the other 4 properties involved subsiding his personal choices.

Not on to expect someone who has to eat from the local discount store to be expected to help subsidise him eating from Harrods so to say.

agrinnall

Old_Grey_Mare wrote: »

No I haven't. The quote he has received is £68,000.

So you're paying considerably less than one sixth of the total. If the figure is reasonable then it doesn't sound that unfair to expect you to make the contribution asked for.

Old_Grey_Mare

glasgowdan wrote: »

If the bill is 68k then he's paying 46k and asking 22k to be split between 4 of you. That part seems reasonable.

The issue is whether the work is needes, what the spec is and whether you want to arrange another quote yourself.

Three residential properties, two small holdings and two big farms with lots of businesses renting buildings. I only speak to my smallholder neighbour and the nearest residential owner. We are expected to pay £5,500 each as are presumably the other two residential properties. That makes £27,500. That leaves approximately £40,00 split between the two farms who are responsibly for all the heavy machinery using the road. I don't think this is reasonable.

Old_Grey_Mare

Actually, it has completely slipped my mind that there are three families living at the farm, his mother and his sister and family, each in their own cottages, so if they are all paying a contribution, then it's looking more and more as if he's just split the total bill between all residents/field owners regardless of road use.

agrinnall

Perhaps you should invest in an hour with a solicitor, ensuring that you take all the paperwork and provide all the information that you have drip fed into this thread, plus anything else that has slipped your mind.