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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live on a private road and its repair/resurfacing is the

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I live on a private road and its repair/resurfacing is the subject of my inquiry. When first raised I opted for repair work only but the majority of the residents wanted a better job done. The costs are apportioned depending on the position of the house in the road and my share was the second highest at £2,500. As I am in the process of selling my house I am reluctant to pay this rather large sum but am prepared to make a contribution. My deeds state that I have a responsibility for the road upkeep up to my property and halfway across the road in front of the house. Am I obliged to pay the amount asked which is about three times that previously charged or do I have any further options please?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

If you happen to have your deeds to hand may I trouble you for the exact wording of the upkeep provision - I am grateful for what you have posted above but as wording can be so important in these circumstances if possible I would like to work on the exact wording. If you do not have it to hand I can proceed on what you have kindly posted above.

Do I understand correctly from what you say that the contributions sought are for improvement rather than just maintenance of the road? If so in what way is the road being improved?
Customer: replied 2 years ago.

Wording of deed " The Purchaser shall at all times at his own expense keep in good repair cleanse and maintain the private roadway and verge shown on the plan hereto being marked hatched thereon and comprising one half of the width of the roadway fronting the plot hereby conveyed."The plan shows the road with what I presume are the hatchmarks running in a line from the start of the road to my plot where there is a halfway mark demonstrated by diagonal lines along the front.

The quote is for "Total Resurfacing".

Expert:  Joshua replied 2 years ago.
Thank you. Just a couple of final points if you would. Reference the above wording is this contained in the same provision as the grant of a right of way over the road - e.g. ...together with the right to pass over the road for access to and from the property subject to maintaining... etc. Or is the grant of a right of way silent as to maintenance obligations but the above is contained in a list of various covenants you are required to observe?If there is no reference to maintaining obligations in the gant of a right of way but the above is contained in a list of covenants you are required to observe, have you given any covenant personally to other owners in relation to the road?
Customer: replied 2 years ago.

As far as I can ascertain there is a proviso that the Purchaser will at his own expense keep in repair, cleanse and maintain the private roadway as delineated previously. This appears as a separate paragraph in "Supplemental Abstract of Title" from which I obtained the previous quote and also in subsequent Conveyancing documents. I haven't given any covenant personally to other owners in relation to this road.

Expert:  Joshua replied 2 years ago.
thank you. If you are granted a right of way over a private road, there is no automatic obligation to maintain that roadway. However, the common law provides for something known as a doctrine of benefits and burden which was developed from the case of Halsall v Brizell [1957] Ch. 169. here, the court decided that where a deed grants a right and in the same deed provides for one or more obligations in respect of that right, one cannot take the benefit of the right without also accepting the burden (the obligations to maintain).Accordingly, if in the same deed that grants the right of way over the road, also contains obligations for maintenance, following the above decision, you are bound by the obligations to maintain if you wish to take the benefit of the right-of-way. If the obligations are contained in an entirely separate deed not linked to the grant of the right-of-way, then you may not be bound by those obligations unless you have given a personal covenant which you say you have not.Working on the assumption that you will be bound by the obligations to maintain on the basis that they are contained in the same deed as the grant of the right-of-way over the road, you obligations extends to maintaining the road. There is no obligation to improve the road. Satisfying the obligation to maintain the road is achieved by maintain the road to a broadly similar standard to that which it was when the right-of-way was granted. It does not have to be bettered and if certain residents wish to improve the road, this is of course their right but they cannot see contributions beyond the cost of reasonable maintenance from any party that does not wish to share in the cost of improvement. Accordingly, if you can demonstrate that the road can be maintained for a lower cost than that proposed, you can seek to limit your contributions to the proportion of that lower cost.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 2 years ago.
Have I been able to help you with all your questions on the above?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Expert:  Joshua replied 2 years ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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