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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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At the back of our property there

Resolved Question:

At the back of our property there is an access track leading to the backs of a number of properties. Our deeds (1904ish) say that we should pay due proportion upkeep of this road, which we do. (Approx £10/yr). Approx 10 years ago the owner of this right of way (our neighbour)signed it over in trust to his family. This meant that his house insurance no longer covered this road. He took out public liability insurance road and has been charging us and our other neighbours proportionally ever since. Although we continue to pay our share of the upkeep, we have never paid anything towards the insurance as we were advised at the time by a solicitor patient of ours that we did not have to. The public liability is not covering us - it is covering him. We therefore owe over £100 insurance if it is indeed our responsibility. So the question is: Who should pay public liability, the residents that back on to the road or the road owner? Thanks Faye

PS the quote said £28 if I was not in a hurry and the charge has come up £38

Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
and thanks Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
The road owner, and him alone, is responsible accidents that occur on the track, and hence it is his responsibility alone to take out any public liability insurance he deems necessary.
As you and the other residents only have a right to use the track, as opposed to being joint owners, you are not responsible accidents that do occur, and are merely responsible your due proportion of any upkeep costs.
You should write to the owner, setting out the above.
I hope this assists you and sets out the legal position.
Kind Regards
AL
Customer: replied 2 years ago.

Thank you advice. I was quoted £38 initially , which was more than I wanted to pay so I extended the time frame to "not in a hurry" and the price dropped to £28, which I felt was OK. When I proceeded to the next page the price had gone up again to £38 and I could not go back to review. Am I worrying unnecessarily and your company have only debited me £28 or does something need fixing?

Expert:  Aston Lawyer replied 2 years ago.
,
If you have only be debited by £28, I am sure that is all you will have to pay (I only get paid once you have given positive feedback).
I will email customer services to confirm you are only expecting to pay £28.
Kind Regards
AL
Expert:  Aston Lawyer replied 2 years ago.

,

Have customer services contacted you and resolved your query?

Kind Regards

AL

Customer: replied 2 years ago.

As the situation has been going on 10 years and we have been refusing to pay, the debt has never been written off, but accrued year on year insurance, has a precedent been set ? Conversely neighbours who have been paying it, are they obliged to continue? Could they stop payment now and even claim the money back.

Sorry delay in the response I have been away.

PS Customer services have refunded the money thank you.

Expert:  Aston Lawyer replied 2 years ago.

,

Thanks reply.

You have nothing to worry abou the "ongoing debt". The fact they have never taken legal action to recover the insurance just implies to me that they know they are legally entitled to pursue you . Indeed, a party has only 6 years to chase a debt, so even if the insurance was legally payable (which it isn't), they could now only pursue you years worth of the insurance.

The owner of the access can legally stop insuring it, if they deem it necessary- however, they and only they are legally responsible possible negligence claims made by a third party , so they would be foolish to stop insuring the access.

I hope this helps and clarifies the legal position.

Kind Regards

AL

Customer: replied 2 years ago.

"They know they are legally entitled to persue you is this right or have you missed a word out?

What about the neighbours are they entitled to claim money back?

Expert:  Aston Lawyer replied 2 years ago.

,

Apologies-should have said "not legally..."

As regards ***** ***** as they have "agreed" to pay by handing over their monies, they will find it hard to recover the payments they have made.

Kind Regards

AL

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