Help - any legal advice on deeds pls?

Binxy

Urgh.

A manhole cover has broken outside our property - on a shared visitors parking space.

I've got a copy of the deeds proving it is jointly owned between us and 10 other properties.

The thing is, I think by reading the deeds that the people who built our house (Russell Armer) are responsible for geting it fixed, and then they pass the cost onto us and the others. Rather than me trying to source a manhole cover (where from?!?) Get it fitted (who by, how?!?) And then ask 10 other residents to put their hands in their pockets to pay for it

This is what the deeds say, if anyone out their has any legal knowledge, please help in it's meaning:

TRANSFEROR: RUSSELL ARMER LTD

To pay on demand one eleventh of the costs and expenses incurred from time to time by the Transferor or its successors in title in maintaining repairing and renewing the said visitor parking spaces marked "V" on the Plan.

Am I right that it means THEM and not US?

Any help much appreciate

Bossyboots

It means they will pay a share of the costs, together with the owners of the ten properties. It says they will pay a share, but does not make them responsible for fixing it. An agreement between the 11 of you needs to be worked out and a cost/workman agreed to replace it.

The first place to start is to contact Russell Armer Limited or if they no longer exist, who has taken on their responsibilities and inform them the work needs doing. Be careful though as if they organise the work it will no doubt be very expensive. However, it may be better for them to be chasing the other 10 owners for their share, rather than you having to worry about it.

You could also drop a note through everyone's door indicating that the work needs to doing. If you can put a quote with this, I am sure that everyone will be more than happy to have the buck passed for someone else to arrange the work but there will be the problem of recovering the cost from everyone.

This is assuming that the manhole cover is the responsibility of the property owners. It may well be that in fact it belongs to the water company and is therefore up to them to replace. Try giving them a ring as well.

shelly

I have a feeling that manhole covers are owned by the local council or as bossyboots suggested the Water company.I would fone the local council and ask them,if anyone knows then they should.At worst it is owned by you and 9 or 10 others.If it is owned by you and your neighbours I wouldn't get any work done until you have a written quote for the work and have got payments from all of your neighbours.


HTH

Binxy

Thanks. I phoned the council first and they referred me to Russell Armer as owning it. It's drains, not a water thing, so it's not the water company either.

I know it's jointly owned between me and 10 others, my problem is whether it is up to me or Russell Armer to organise the repairs.

I am responsible for 1/11th of the cost either way, I just don't fancy trying to sort it out myself!

shelly

I totally agree with you....why should you sort it all out? I would contact the company and just inform them the repairs need doing and see what they say.If they say for you to sort it out and they will pay their share just tell them you work for a living and have no time to call whoever needs calling.

Bossyboots

I agree with Shelly. It is unfortunate that when these deeds are written, it does not specify who should arrange the work and naturally none of the owners wants to get saddled with the bill. Get in touch with Russell Amer and ask them to organise the work.

The other option would be to try and find someone to do it who will bill each owner separately. Again, they shouldn't necessarily be your problem.

I am assuming from your first post that the properties are freehold. If they are leasehold then the landlord should organise the work anyway.

Binxy

They're freehold, yes.

I've written what I hope is a polite yet firm and intelligent (me? Ha!) letter to Russell Armer and just hope they get the message!

Thanks for all your help. It's ambiguous to say the least isn't it?

Savvy_Sue

If this is a rectangular thing, and it was a cast iron affair, then just measure it, and head for your local builders merchant (either online or in person!)

One broke in the back yard where we keep the works van, we're lucky the van wheel didn't disappear down the hole, and the landlord appeared later the next day with a replacement made of steel. It bounces a bit more than the original did but is doing the job!

That is the easy bit.

In our case, the landlord first clambered down inside the manhole cover to retrieve the broken bits of cast iron so there was no danger of the drain becoming obstructed. That's a job for thick rubber gloves. I stayed up top in case of accident! A visual inspection might be sufficient before climbing down inside!