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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11561
Experience:  30 years as a practising solicitor.
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I live in a block of flats which were originally built/owned

Resolved Question:

Hi, I live in a block of flats which were originally built/owned by a company which has now gone into liquidation. The road to the rear of our block is also used by the houses to the back of us and another block of flats adjoining us. Since we bought here in 2008 we have been trying to find out who is responsible for the street lighting outside as none of them have worked for some time now. I have spoken to ayrshire roads alliance who deal with most roads in this area but they say that the road wasn't signed over to the council by the builder and so isn't the council's responsibility. I have since heard that after a period of time has lapsed the council will automatically take ownership - can you help please?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
If the builder is in liquidation, there perhaps has been no approach to the council to take over the road. There is no automatic sign over. A council will only adopt the roads, footpaths and sewers if they are constructed to adoptable standard. The legal position is not if ownership. It is that the local authority will adopt the roads as long as they have been finished to the correct standard. In my experience where a builder is in liquidation you should contact your local councillor (not the roads department) and ask him or her to investigate the position perhaps contacting the liquidator. The building company. Until they are adopted, the owners of the houses have responsibility for maintnance. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
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Customer: replied 1 year ago.
Many thanks.