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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I live on a private road. There are 25 houses. The road is

Customer Question

I live on a private road. There are 25 houses. The road is in very poor condition and we (the residents) are planning to have the road re-surfaced. 22 of the residents have paid £3000 each towards the job. 3 refuse to pay. Is there anything we can do to get them to pay their contribution?

On of the residents that refuses to pay has his house for sale.

Thanks

Sam
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.

wingrovebuyer :

Hello. Is there no mention of maintenance contributions in the deeds? It woukd be unusual if not.

JACUSTOMER-wpz55y05- :

There is no mention of maintenance contributions in the deeds

wingrovebuyer :

Ok, thanks.

wingrovebuyer :

How old is the street please?

JACUSTOMER-wpz55y05- :

20+ years

wingrovebuyer :

Thank you. Finally, does each property have a full right of way over the road? Who owns it?

JACUSTOMER-wpz55y05- :

Yes, I bought the property in 2006. The road is not adopted, I have a statutory declaration from the previous owner who bought the property in 1984 stating that they have been able to travel along the road at all times without opposition or consent of a third party.

wingrovebuyer :

Great, thanks. I'm afraid that in the circumstances I think you'll struggle to force the non-payers to pay. Unfortunately there is no direcg obligation on them to contribute and if you all have prescriptive rights it seems even less likely that the others are obliged to pay. However, there is a general principle in law that if you use and enjoy the benefit of something, you have to accept the burdens that come with it. I don't think you can use this to force them to pay up, but you could try to use it to make them worried enough thatthey will pay!

JACUSTOMER-wpz55y05- : Thanks for your help
wingrovebuyer :

No problem. Please leave a rating!

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