FTB - TP1 - Covenants - Pull Out?

eidand

RelievedSheff said:

 Cashed strapped local authorities no longer take on these areas as part of the S38 adoptions process so someone has to pay for it and the easiest way is via a management company.

one would think that council tax pays for that ...
I also question the statement that councils no longer adopt new roads / areas. There is a process to follow, an example would be here: https://www.hants.gov.uk/transport/searchesrightscharges/newhousing
So, the builder has to do certain things, if they don't and don't ask for anything to be adopted then they won't be. One could argue that they have a vested interest in keeping things as they are so they can milk as much as possible via these maintenance companies.

RelievedSheff

eidand said:

RelievedSheff said:

 Cashed strapped local authorities no longer take on these areas as part of the S38 adoptions process so someone has to pay for it and the easiest way is via a management company.

one would think that council tax pays for that ...
I also question the statement that councils no longer adopt new roads / areas. There is a process to follow, an example would be here: https://www.hants.gov.uk/transport/searchesrightscharges/newhousing
So, the builder has to do certain things, if they don't and don't ask for anything to be adopted then they won't be. One could argue that they have a vested interest in keeping things as they are so they can milk as much as possible via these maintenance companies.

If you would care to read my whole post rather then just a snippet of it you will see that I say the adoption of green spaces as part of the S38 process. No mention of highways which are usually, but not always, offered for adoption to the local authority.

It is the green spaces that the management companies are set up to maintain as well as private driveways which could never be offered for adoption, those serving up to five properties and not to adoptable standards.

I know about the S38 adoption process. It is part of my job as an infrastructure engineer to get these sites through to adoption stage 

toriade

princeofpounds said:

I am curious as to their lack of explanation over the willingness to vary one property's terms. There must have been a reason... quite possibly your solicitor or someone in his office knows what it is as well. Anyway, my reply to them would be 'well, I want the agreement for the 10 years to be specific to THIS commercial deal as well'.

So I sent further queries to the my solicitor "recommended by the developer" why some plot owners have special deals to make changes after 10years without developer's consent and other plot owners can't do this.. He has come back with "Please be advised that we reserve the right to charge our hourly rate of £250 + VAT for further correspondence regarding this matter."

Sounds threatening, and trying to end the matter.........or is it just me? 

I think this just hit the nail on the coffin.

Comms69

toriade said:

princeofpounds said:

I am curious as to their lack of explanation over the willingness to vary one property's terms. There must have been a reason... quite possibly your solicitor or someone in his office knows what it is as well. Anyway, my reply to them would be 'well, I want the agreement for the 10 years to be specific to THIS commercial deal as well'.

So I sent further queries to the my solicitor "recommended by the developer" why some plot owners have special deals to make changes after 10years without developer's consent and other plot owners can't do this.. He has come back with "Please be advised that we reserve the right to charge our hourly rate of £250 + VAT for further correspondence regarding this matter."

Sounds threatening, and trying to end the matter.........or is it just me? 

I think this just hit the nail on the coffin.

I never understand why people take on the 'recommended' solicitors.

It's like taking advice from your exes solicitor in a divorce... In anycase, it's not a threat. It's advising you that you havent paid for this aspect of their service.

toriade

Update:

I have pulled out of this purchase and currently in talks with a small developer for a TRUE freehold property.

eidand

toriade said:

Update:

I have pulled out of this purchase and currently in talks with a small developer for a TRUE freehold property.

Well done to you, it looks like things are working out for the better for you.
Best of luck with the house.

princeofpounds

Great. I missed that sneaky move from your recommended solicitor. Maybe they are technically correct it's not in the package you agreed, but I think we can all see where their incentives lie. Good luck going forwards.

bucksbloke

eidand said:

RelievedSheff said:

 Cashed strapped local authorities no longer take on these areas as part of the S38 adoptions process so someone has to pay for it and the easiest way is via a management company.

one would think that council tax pays for that ...
I also question the statement that councils no longer adopt new roads / areas. There is a process to follow, an example would be here: https://www.hants.gov.uk/transport/searchesrightscharges/newhousing
So, the builder has to do certain things, if they don't and don't ask for anything to be adopted then they won't be. One could argue that they have a vested interest in keeping things as they are so they can milk as much as possible via these maintenance companies.

There is a commuted sum that needs to the Council for adopting land or roads. I live on a site which has 2250 dwellings over 200 hectares with loads of public space, and the commuted sum for the first three phases was £3 million. The last four phases are going to be subject to management charge - because the developer cannot afford all of the s106 items, plus the commuted sum to pay for the adoption process for the public space. The roads however will continue to be adopted.

Our local council is significantly reducing grass cutting in order to increase biodiversity in the city. So the areas of public space in the first three phases will have their grass cut less than the later phases.