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We own a property, there is a covenant in the deed that states we pay a 5th share of costs for repairs and maintenance of the track (that leads to the 5 properties in the development). The deed also gives us rights of access over the track.
1 of the property owners (of the 5 in the development) owns the track and in their properties deeds it states they should grant access across the track and are also obligated to repair and maintain the track.
The track had gotten into bad state of repair. Which the owner of the track acknowledged in 2014. In 2015 they informed us they would look to get the entire track resurfaced in 2016.
Instead of resurfacing between 2014 and 2021 the repairs they undertook consisted of hand filling potholes and once spreading loose chippings over the larger craters on a small portion of the track.
The repairs last a few rain falls (between 2-6 weeks). He demands payments for materials and labour on the failed repairs. The consequences so far have been numerous costs incurred in repairing vehicle suspension issues. The track being on a gradient , initially the loose stones washed to the road splay with main A road . The loose stones on tarmac created a unstable surface. In the case where one of the 5 property owners with a classic car was unable to break successfully coming down the decline/track at the junction and the car skidded onto the main road.
The property owners response to our concerns has been to claim that his responsibility is to maintain and repair , which he says he has done so. We're all a bit exasperated and don't want to get into a legal battle. But would like to know where we stand legally. We feel that there must surely be some obligation legally for timely repairs that are fit for purpose.
The property owner is also responsible for the R&M of the Cess Pit and processing plant. A similar story there, repairs took years. Emptying should be done every 6 months but it's mostly done 9-12 month intervals. Which we understand would shorten the life of the treatment coils ( £7k shared cost to replace them if they fail ).
We were keen to find out more about the legal obligations of this type of covenant if any!
1. Does the covenant confer some obligation on the part of the property owner to undertake repairs in a timely manner ?
2. Would any repairs need to be reasonable quality eg durable/fit for purpose ? 3. Are there every any grounds for withholding demands for payment if full or temporary repairs fail?
4. If failure to maintain in a timely manner lead to costly repairs where would we stand ?
Thank you for any input , we're all feeling a bit bullied
1 of the property owners (of the 5 in the development) owns the track and in their properties deeds it states they should grant access across the track and are also obligated to repair and maintain the track.
The track had gotten into bad state of repair. Which the owner of the track acknowledged in 2014. In 2015 they informed us they would look to get the entire track resurfaced in 2016.
Instead of resurfacing between 2014 and 2021 the repairs they undertook consisted of hand filling potholes and once spreading loose chippings over the larger craters on a small portion of the track.
The repairs last a few rain falls (between 2-6 weeks). He demands payments for materials and labour on the failed repairs. The consequences so far have been numerous costs incurred in repairing vehicle suspension issues. The track being on a gradient , initially the loose stones washed to the road splay with main A road . The loose stones on tarmac created a unstable surface. In the case where one of the 5 property owners with a classic car was unable to break successfully coming down the decline/track at the junction and the car skidded onto the main road.
The property owners response to our concerns has been to claim that his responsibility is to maintain and repair , which he says he has done so. We're all a bit exasperated and don't want to get into a legal battle. But would like to know where we stand legally. We feel that there must surely be some obligation legally for timely repairs that are fit for purpose.
The property owner is also responsible for the R&M of the Cess Pit and processing plant. A similar story there, repairs took years. Emptying should be done every 6 months but it's mostly done 9-12 month intervals. Which we understand would shorten the life of the treatment coils ( £7k shared cost to replace them if they fail ).
We were keen to find out more about the legal obligations of this type of covenant if any!
1. Does the covenant confer some obligation on the part of the property owner to undertake repairs in a timely manner ?
2. Would any repairs need to be reasonable quality eg durable/fit for purpose ? 3. Are there every any grounds for withholding demands for payment if full or temporary repairs fail?
4. If failure to maintain in a timely manner lead to costly repairs where would we stand ?
Thank you for any input , we're all feeling a bit bullied
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