Scotland - common land adopted by the council

[notonyournelly8]

I wonder if someone can clarify.
If you buy a new build in a new build estate I understand you tend to pay a factors fee. That is for the first 10 years. After 10 years I was told by a conveyancer that the area is adopted by the council and you don't have to keep paying a factors fee. Is that correct?
She said a tell tale sign is if your bins are collected outside your house.

Basically my estate is about 17 years old. There is a strip of land on common ground which is marked on the title deeds- the area factored is ringed in red. This strip of land the factors forgot about and haven't maintained it now some trees are out of control and they want to make us pay for the removal of them. Lots of people are not interested because out of the whole estate it affects only 4 properties.
The people are saying if we don't do it we could be charged thousands by the council.

I am wondering if we still HAVE to pay a factor like the conveyancer said we don't, and why would we be charged thousands for these trees?

Thanks for any input.

It’s a question of whether or not the council have adopted the land in question
Would be very unusual for them to do so
Normally they just adopt the roads
if it’s not adopted then the Factors will deal with the maintenance and the people who have to pay depends on what the title says
Doesn’t matter whether or not it affects the individual property

There is no general 10 year rule

There isn't a 10 year rule as far as I know. We have been in our house for over 20 years and have a factor. If any work is done round our estate then the cost is split between all the houses regardless of where the work was done/whose property is affected.

We still get bins collected but the council isn't responsible for upkeep of the common areas around us.

For example: I have contacted our factor about overgrown trees/brambles behind my property. If they agree with the quote given by the tree surgeon then the cost will be split between all the houses on our estate, not just me.

No 10 year rule.

The council cannot take land, take over land or services previously provided by a private company.

Thanks everyone. It was a conveyancer that said after 10 years the area tends to be adopted by the council. Good to know it's a load of rubbish!