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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We live in an ex council house property with a council owned

Resolved Question:

We live in an ex council house property with a council owned path running along the front, in front of the front garden. We have received a letter from the council saying that although they own the path it is in need of repair but they have no interest in it and therefore we are expected to maintain it. How is it possible that we have to pay for repairing property/path we do not own?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

You need to check the Transfer document when you bought the property from the Council to see if you have any responsibility to contribute towards any shared services or footpaths or communal areas.

Often, Council Transfers will include a clause to say that you will be responsible for contributing towards the upkeep of "any communal services or communal areas which are shared with any adjoining property or which are used by your property" If there is such a clause in the Transfer, then I'm afraid the Council can ask you to pay such a contribution.

If there is no such clause, then the Council can't ask you for a penny.

I must say, there is often such a clause in a Council Transfer, and in these economical times, more and more Councils are enforcing this covenant against property owners.

Please let me know if you require any further clarification once you have had a read of the Transfer.

Kind Regards
AL
Customer: replied 3 years ago.
Yes there is a clause in the original deeds, however this path serves the whole village, not just our houses, and I believe this clause relates to the right of way between the adjoining houses. The deeds also state that we are only responsible for things within our boundary, this does not include the path. Also one of the 8 houses in the row still belongs to the council, so surely they have an interest?
Expert:  Aston Lawyer replied 3 years ago.

Hi again,

Thanks for your reply.

If there is a clause to say you will contribute to anything shared with the neighbours/maintenance of anything communal, then I'm afraid you are responsible. However, the total cost of any repairs should be divided equally between all of thise properties that use the right of way, and if one of the 8 is still Council owned, then the Council are responsible for contributing a one eigth share.

If other third parties also use it, it would be for you to argue with the Council that the repair costs should also be divided between you all accordingly.

I hope this helps.

Kind Regards

AL

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