Let’s face it, very few people will have read all the legal blurb from cover to cover before they signed, so we give here a simple summary of what is in the key documents relating to rights and responsibilities. The documents are otherwise known formally as the Contract for Sale (from Bellway to the owner[s]) and the TP1 Land Registry Transfer of Part. If you live in a Housing Association property you are bound by the exact same terms which they signed up to on purchase.
Naturally you should take your own professional advice if in any doubt.
- There are a number of definitions and interpretations within each transfer to help with the future management of the estate.
- There are common areas and facilities that are managed by LMC which do not form part of the land and buildings transferred to the purchaser of a property. Legal ownership of these facilities and areas is still to be transferred from Bellway Homes Limited to LMC.
- The estate comprises individual dwellings for residential accommodation.
- These individual dwellings have Allocated Parking Space that are separate from those allocated as Visitor Parking Space.
- Allocated Parking Spaces are for the purpose of parking a private motor vehicle not exceeding 3 tonnes gross laden weight.
- Visitor Parking has been provided within the estate to be used on a temporary basis only and no vehicle may remain parked for a consecutive period of more than 24 hours. Click here to download an estate plan showing the Visitor Parking Areas marked with blue dots. The parking spaces on the three private roads, Betony Close, Primrose Close and Yarrow Close are intended to be used by visitors to residents on those roads. The visitors’ parking spaces on Marjoram Avenue are on a soon-to-be adopted road and are for the use of all visitors to the estate.
To help residents contribute to the management of the estate a number of matters are identified. The list is not exhaustive:
- There is a requirement for the owner to pay service charges, to comply with the reasonable regulations of LMC, to maintain walls and fences to their property and to maintain the features of any landscaping within their boundaries.
- There are requirements placed upon residents concerning a variety of matters, some of which are outlined below:
- Restrictions concerning erecting buildings, clothes lines and similar.
- Provision that Heavy Goods Vehicles are not permitted to park on any part of the owner’s property or on the estate other than on a temporary basis.
- Similarly, no Light Goods Vehicles, such as a van, caravan, boat trailer or similar vehicle may be parked on the estate or the owner’s property except within a garage or out of sight of other properties.
- Not to use the property for any trade or business.
- Not to obstruct the Visitors’ Parking Spaces.
- There are requirements placed upon LMC to keep the common areas properly maintained and to manage the service media; to provide appropriate third party insurance and generally to carry out appropriate functions as estate managers as it thinks fit.
- To comply with the above requirement LMC is given the authority to incur reasonable expenses to manage the owned estate, including VAT.
- The reasonable expenses are to be allocated to each of the owners as determined by LMC in accordance with professional guidelines and each owner will pay their proportion of expenses.
Finally, please note that the cost of any required repairs will inevitably be reflected in the level of service charges and this is particularly relevant to the green open space and play area. Clearly, it is in everybody’s interest to treat those areas with care and respect to avoid damage.