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Looking for information on communal land.

Hi,

I have seen a property (2 bed terrace) that I like however it seems a bit over priced considering 3 bedroom properties with a garage, front and back gardens and rear vehicular access are selling for this properties guide price in my area. I have noticed that similar properties i.e 2 bed terraces of similar size and layout are selling for approx £15k less.

I did some research into this property and noticed it first came to market on November 2017 but was taken off before returning in June this year. It was first listed on Zoopla and they have archived the original advert.

The original advert says:

'Note Well:
The residents own a communal plot of land for which each resident pays £40 a year to a trustee, which covers insurance and maintenance.'

The new advert (June 2018) makes no mention of this land. So I decided to do a bit of digging and looking around the area using Google Maps I can see there is a fenced off grass area with a car parked on it to the south. To the north there is a grass area with park benches on it. The road appears to be council owned so I'm wondering if the communal area is the area to the south and the north area is council land.

Should this communal land be a red flag and make me run for the hills?
Where do I stand regarding paying or not? i.e is it a mandatory charge or optional?
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Comments

  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    How old is the property? In the north there are older terraced houses where the gardens are community gardens and shared.
  • eddddy
    eddddy Posts: 18,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    rh205 wrote: »
    Should this communal land be a red flag and make me run for the hills?
    Where do I stand regarding paying or not? i.e is it a mandatory charge or optional?

    As a starting point, ask the seller these questions when you view or afterwards. (And you can even ask the seller if they have any evidence handy, if you want - e.g. deeds etc.)

    If you are happy with what the seller says, you might then make an offer.

    If the offer is accepted, you could then ask your solicitor to check that what the seller told you is correct.

    (It's important that your solicitor checks, as you cannot rely on what the seller tells you.)
  • These are the sorts of things you can ask the seller before you offer. You can ask through the agent, and ask for a reply in writing. Get enough comfort as to how it works and then once your offer is accepted ask your solicitor to check the title information to ensure that legally it does work as described.
  • rh205
    rh205 Posts: 13 Forumite
    Cakeguts wrote: »
    How old is the property? In the north there are older terraced houses where the gardens are community gardens and shared.

    Hi,

    Thanks for your reply. The property is on the central southern coast of England and was built around 1996 and first sale was in 1997. The property has a completely fenced in rear garden with the grass strip beyond the rear fence. The strip runs the length of the row of terraces and connects to alleyways at either end. At one end there appears to be a gate or temporary fencing and at the other there are bushes. The front of the property comprises of a tarmac drive spanning the width of the house and leading from the front door to the boundary line. There is also a private parking space reserved for the property across the road.
  • rh205
    rh205 Posts: 13 Forumite
    These are the sorts of things you can ask the seller before you offer. You can ask through the agent, and ask for a reply in writing. Get enough comfort as to how it works and then once your offer is accepted ask your solicitor to check the title information to ensure that legally it does work as described.

    Sorry for the silly questions.

    But would it be acceptable to email the EA and ask about this prior to considering a viewing?

    If I did decide I wanted the property could I get my solicitor to look into it prior to making an offer?

    Why would the seller not include this information on their second advert like they did on their first?
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    It sounds like one of those new estates where there is a management fee for maintaining communal areas of land.
  • rh205 wrote: »
    Sorry for the silly questions.

    But would it be acceptable to email the EA and ask about this prior to considering a viewing?

    If I did decide I wanted the property could I get my solicitor to look into it prior to making an offer?

    Why would the seller not include this information on their second advert like they did on their first?

    Yes - but its probably better to view and then ask questions like this because they will take you more seriously. If you havent seen the property yet, then there may be one million other reasons why you don't like it and then this becomes a non-issue
  • eddddy
    eddddy Posts: 18,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    rh205 wrote: »
    But would it be acceptable to email the EA and ask about this prior to considering a viewing?

    You could try - but I think the EA might think it strange.

    I think the EA might suggest that you view the property, and if you like it, and think you might offer - then ask about the legal stuff.

    rh205 wrote: »
    If I did decide I wanted the property could I get my solicitor to look into it prior to making an offer?

    Again, that's a strange way of doing things.

    You might spend a few hundred pounds on solicitor's fees, then find that the buyer won't accept your offer and/or find they've sold to somebody else in the meantime.
    rh205 wrote: »
    Why would the seller not include this information on their second advert like they did on their first?

    I guess the first EA thought it was important enough to put in the advert, but the second EA didn't think it was important enough. (You're probably over-thinking this!)
  • Just to be clear on what i would do (in this order)

    1) go and see the property
    2) ask the questions in an email
    3) review the answers
    4) if you are happy with the answers make an offer
    5) if you have your offer accepted, let your solicitor know the answers you were given and ask him / her to check that this is indeed the position
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    rh205 wrote: »
    Why would the seller not include this information on their second advert like they did on their first?
    Maybe they thought talking about a relatively trivial liability seems like too much information for the initial marketing info?
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