Council adoption of land
Discussion
Due to cutbacks, North Lanarkshire Council are no longer maintaining the ground in our estate. They have maintained them for last 30 years but apparently as they have never adopted them, they do not have that obligation.
Many owners who bought when Estate was new say they remember the Council taking over responsibility from the Housebuilder.
Does anyone know where this would be documented or how to access it?
I have checked Title deeds for the estate and according to a Deed of Conditions, the amenity land is communal to all the properties.
Many owners who bought when Estate was new say they remember the Council taking over responsibility from the Housebuilder.
Does anyone know where this would be documented or how to access it?
I have checked Title deeds for the estate and according to a Deed of Conditions, the amenity land is communal to all the properties.
I worked for several housebuilders. About the time your estate was built Local Authorities started to charge a commute sum to maintain open areas.
I seem to remember this started at about ten times the annual cost of maintenance but quickly rose to thirty time. Builders generally didn't pay and started to factor the ground.
Is there any play equipment on the development? If yes are the council going to keep the maintenance and insurance on it,
You could ask the developer but suspect all records have long been lost.
Doesn't matter how big or small the development trying to get even a majority of residents to agree to factoring or doing it yourselves will be a nightmare
I seem to remember this started at about ten times the annual cost of maintenance but quickly rose to thirty time. Builders generally didn't pay and started to factor the ground.
Is there any play equipment on the development? If yes are the council going to keep the maintenance and insurance on it,
You could ask the developer but suspect all records have long been lost.
Doesn't matter how big or small the development trying to get even a majority of residents to agree to factoring or doing it yourselves will be a nightmare
This is in Holytown. Estate was originally built by Broseley Housebuilders. They were subsequently taken over by someone who were then taken over and I think the ultimate owner now is Persimmon but last time I contacted them about a different matter they had no information on this estate.
Estate in Airdrie is having same issue. And with persimmon homes.
Persimmons bought the land to build on but were denied planning but grass was being cut by council until this year and now the 2 parks that normally used with kids playing is all overgrown and won't be long before farmer can cut and bale it
Persimmons bought the land to build on but were denied planning but grass was being cut by council until this year and now the 2 parks that normally used with kids playing is all overgrown and won't be long before farmer can cut and bale it
Yeah as said, our Deed if Conditions states house owners are responsible for the maintenance of the common areas. But council have done it since then as far as long term owners can remember (I have been here for 25 years and they always have).
Some claimed the Council had taken over the responsibility but if this was the case, I am sure it would be documented somewhere.
Some claimed the Council had taken over the responsibility but if this was the case, I am sure it would be documented somewhere.
The play area would have been adopted by the council. They are expensive to maintain, monthly inspections etc, and are expensive to insure for factors. Just think if a child has an accident, left brain damaged , and the cost of care is on the owners on the estate.
The fact that the council felt able to take the equipment away suggests they had adopted .
It will not just be Persimmon developments that will be affected by this.
If there are small areas adjacent to individual houses see if these can be transferred to the owners.
Not only does this reduce the area of open space, the large areas that are left are easier ( and cheaper to maintain) rather than the small fiddly bits
The fact that the council felt able to take the equipment away suggests they had adopted .
It will not just be Persimmon developments that will be affected by this.
If there are small areas adjacent to individual houses see if these can be transferred to the owners.
Not only does this reduce the area of open space, the large areas that are left are easier ( and cheaper to maintain) rather than the small fiddly bits
For those who are not aware, land can be council owned/maintained without being adopted. Adopted status applies mainly to roads/footways/cycleways and brings with it a number of legal burdens as outline in the Road Scotland Act 1984. Parks, for example, are often not "adopted" but can be council owned and maintained. There are good reasons why assets may not be adopted. New developments are regularly full of features unsuitable for adoption. If you want to ascertain responsibility for an area, contact your local authority, but don't ask "is it adopted" as this is the wrong question. Ask if it is council owned/maintained. You can also ask if it is adopted, but that's not the key question.
Craigie said:
Was a play area.
Long time ago was vandalised and removed.
Now just grass.
That estate was built well before the builders started utilising factors, we stayed across from the "bing" & it was always overgrown. Our playpark was removed & they built houses on it (sherry avenue) Long time ago was vandalised and removed.
Now just grass.
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