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Road repair responsibility covenant attached to property + public liability

(5 Posts)
mulranno Thu 22-Sep-11 15:37:04

we live in a village (private/estate) where a ltd company manages the roads and we pay in £500/year to this fund. we live down a a very poorly maintained track (with another house) which is heavily pot-holed and dangerous. we have asked the Ltd Co to repair the track and they say that there was an original covenant on our houses (when they were built) which said that the owners had to maintain the road - although it is a public thoroughfare. This did not come up when we bought the house (12 years ago) and they are asking us to agree to it now. I am concerned that if we take over the maintenance of it and someone has an accident then we will be liable - is this a real concern? Also if we come to sell the property will a covenant be off putting?

AgentProvocateur Thu 22-Sep-11 15:42:49

Not sure about liability, but we once pulled out of a sale when we found out that the road was private, so, yes, it could be off-putting to buyers.

mulranno Thu 22-Sep-11 15:47:32

...I think that we are between a rock and a hard place as we either sell with a hideous road or we take responsibility sort it out but then sell on with this...

scaryteacher Thu 22-Sep-11 15:56:03

Go back and ask solicitor if this came up in the searches (strange if it didn't, as would have been deal breaker for me). If not, then solicitor negligent, or Ltd Co lying.

Ask to see paperwork from Ltd Co proving this as well.

ElsieMc Thu 22-Sep-11 16:46:02

I live down a private road which was potholed but the residents made minor repairs. When we purchased the property from the Church, my solicitor looked into this and there was no covenant or responsibility for us to pay for the maintenance of the road.

The road is owned by a man in a large house at the end and we have rights of way in our deeds.

Last year he asked me to pay £750 towards maintenance although the road was now in reasonable condition. I asked him why and he said he wanted it to look nicer for when a reception was held at his home. I refused and pointed out that there was no onus at all for me to repair the road, I was quite happy to contribute towards repairs but certainly not an expensive cosmetic job. He told me my deeds were wrong and my solicitor was wrong. I responded that they were not wrong just because I would not do what he said and to produce documents to the contrary. Needless to say this did not happen.

I asked him if he was the owner (I knew he was) and he was evasive before admitting he was. I told him it was his responsibility.

The point I make is that this Company may be trying it on in the same way as my neighbour. If the covenant was on your deeds when you purchased, your solicitor should have seen it. If the Company have evidence of such covenants they should have sent them to you.

Someone may come along with some sound legal advice.

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