Tweet
Can anyone help on "Deed Of Conditions" in Scotland.
If a Developer is placed in liquidation before completion of an estate with common grounds, the common maintenance of which is described in the DOCs, are the DOCs enforceable ?
Back Ground.....
The developer run out of money and made many construction shortcuts/ changes to the common areas, the changes were never registered with The Registers of Scotland. They run out of money and were placed in liquidation before completing the estate.
Many houses were unfinished and some had not been built. The liquidator pulled enough funds together to build/complete the final few houses and sold them to cover his costs. The already purchased unfinished houses were not completed by the liquidator and were left for the owners to complete (the owners had to pay upfront for their houses before construction). Many houses were left without completion certificates and some remain so to this day. Owners moved in without the certificates.
Common areas, i.e. gardens/ landscaping, paths, railings, drainage systems were never completed.... mostly never constructed. Some areas are a hazard with unprotected vertical drops, other areas are subject to flooding and subsidence due to lack of drains or poor construction, this is causing ongoing structural problems.
Construction was in the 1960s
The questions are....
Can the Deeds be enforced?
... if they can, to what level.
IE... To what should have been constructed, or what was left by the developer(building site). It would be prohibitively expensive to complete construction.
I would guess this problem has happened in the past with developers going to the wall before completion, anyone got any pointers on how it was resolved.
Anywhere we can obtain advice, remembering many solicitors, experts in this area, politicians, government departments and the local council have been involved in the past, non of which have been able to help. Many walk away when they realise the level of the problem.
Had fingers burnt many times by "experts".
Any legal bodies in Scotland who can make a enforceable ruling on how the estate should be constructed or maintained, as it is impossible to get home owners to agree any way forward.
Happy to work to the DOCs or any other legally enforceable basis.
Any information and or advice would be greatly appreciated.
If a Developer is placed in liquidation before completion of an estate with common grounds, the common maintenance of which is described in the DOCs, are the DOCs enforceable ?
Back Ground.....
The developer run out of money and made many construction shortcuts/ changes to the common areas, the changes were never registered with The Registers of Scotland. They run out of money and were placed in liquidation before completing the estate.
Many houses were unfinished and some had not been built. The liquidator pulled enough funds together to build/complete the final few houses and sold them to cover his costs. The already purchased unfinished houses were not completed by the liquidator and were left for the owners to complete (the owners had to pay upfront for their houses before construction). Many houses were left without completion certificates and some remain so to this day. Owners moved in without the certificates.
Common areas, i.e. gardens/ landscaping, paths, railings, drainage systems were never completed.... mostly never constructed. Some areas are a hazard with unprotected vertical drops, other areas are subject to flooding and subsidence due to lack of drains or poor construction, this is causing ongoing structural problems.
Construction was in the 1960s
The questions are....
Can the Deeds be enforced?
... if they can, to what level.
IE... To what should have been constructed, or what was left by the developer(building site). It would be prohibitively expensive to complete construction.
I would guess this problem has happened in the past with developers going to the wall before completion, anyone got any pointers on how it was resolved.
Anywhere we can obtain advice, remembering many solicitors, experts in this area, politicians, government departments and the local council have been involved in the past, non of which have been able to help. Many walk away when they realise the level of the problem.
Had fingers burnt many times by "experts".
Any legal bodies in Scotland who can make a enforceable ruling on how the estate should be constructed or maintained, as it is impossible to get home owners to agree any way forward.
Happy to work to the DOCs or any other legally enforceable basis.
Any information and or advice would be greatly appreciated.
