Positive covenant re roads

J_Truman

Hi,
I'm in the process of exchanging contracts for my first home - a new build in an estate. One of the positive covenants says:
"We agree to pay the developer on demand any compensation we receive in relation to the construction and use of roads, footpaths, accessways or other infrastructure on the estate. the reasoning is the value of the property takes into consideration the road layout and use of the roads in the estate."
Does anyone know what this means and how it might affect me? If I trip over a dodgy bit of pavement do I need to give any compensation received to the developer?
We asked our solicitor who said as it's to do with the value of the home speak to a surveyor. She added this was common now for new build estates. Any help much appreciated!

xylophone

We asked our solicitor who said as it's to do with the value of the home speak to a surveyor. She added this was common now for new build estates.

She hasn't explained what it means and she should be able to do that.

Before I exchanged I would be insisting that she found and provided the answer.

You are, after all, paying her to do just that.

G_M

A covenant is part of the legal Title. It is the solicitors job to investigate the Title and highlight or explain to you any issues with it.


Write and ask for a written explanation, or pop in to see the solicitor and politely insist on a face-to-face explanation.

spadoosh

J_Truman wrote: »

Hi,
I'm in the process of exchanging contracts for my first home - a new build in an estate. One of the positive covenants says:
"We agree to pay the developer on demand any compensation we receive in relation to the construction and use of roads, footpaths, accessways or other infrastructure on the estate. the reasoning is the value of the property takes into consideration the road layout and use of the roads in the estate."
Does anyone know what this means and how it might affect me? If I trip over a dodgy bit of pavement do I need to give any compensation received to the developer?
We asked our solicitor who said as it's to do with the value of the home speak to a surveyor. She added this was common now for new build estates. Any help much appreciated!

This sounds like further development is planned in which another developer will have to pay for access rights and youd be expected to hand over any payment received for those access rights.

Is there any covenants about having to sell access rights or further development?

Im not a solicitor though so take it with a pinch of salt.

SmashedAvacado

This sounds like further development is planned in which another developer will have to pay for access rights and youd be expected to hand over any payment received for those access rights.

i dont think this is the case, as its easy enough to reserve rights to do this.

My view is that this is terribly worded and in any event, will only bind you and not an future buyers. I would ask for an explanation as to what they are trying to cover off - as noted above, but otherwise, as it won't bind your successors, i wouldnt worry.

SmashedAvacado

We asked our solicitor who said as it's to do with the value of the home speak to a surveyor. She added this was common now for new build estates. Any help much appreciated!

That's very shoddy from your solicitor - she should be asking the developer to explain it. This is not a surveyor's job.

ThePants999

Is your solicitor, by any chance, the one the developers recommended?