http://www.chancel.org.uk/forum/ Chancel Repairs Forum Tag: individual liability against council land en Sun, 05 Feb 2012 05:15:23 +0000 http://www.chancel.org.uk/forum/topic/individuals-liability-for-repair-and-maintenance#post-32 Fri, 30 Apr 2010 16:39:04 +0000 mollylotty 32@http://www.chancel.org.uk/forum/ <p>Hello there!<br /> Happy Bank Holiday to you.<br /> I am looking to purchase my first home and have hit a stumbling block.</p> <p>I will try to be brief :-)</p> <p>The situation:<br /> There is a new development of 2,700 properties<br /> The houses will sit aside a large country park (also to be built by the developers)<br /> The developer will gift the country park to the local council.<br /> The residents will pay £120 a year for "maintenance and repair" of the country park<br /> Anyone can use the country park even though the residents are paying for it (and their council tax) hellishly annoying but not the issue!<br /> The contract states residents are liable for the cost of "maintenance and repai"<br /> I am concerned about any liability beyond the £120 a year<br /> For example if there was a repair bill of £2,000,000 and there was a shortfall<br /> each property would have to pay xyz amount- an equal portion of the shortfall.</p> <p>The relationship to Chancel:<br /> I am quite willing to pay a private insurance - like the chancel coverage insurance to cover me for my own liability - as long as it is a reasonably small sum.<br /> However it would be difficult for an insurer to quantify the risk.<br /> - this isn't something suggested by the builder, just something i thought of. I was talking to an acquaintance last night and he told me about the Wallbanks' case.<br /> From reading the Wallbanks website I am wondering if infact I would be covered by the Human Rights Act<br /> "The HRA would normally protect private individuals from unreasonable, arbitrary, and unfair demands by statutory bodies."<br /> However, it wouldnt be an unfair and unreasonable demand if I had willingly signed up to it in the first place.</p> <p>People I speak to, all seem to say, don't touch it with a barge pole. but I love the property and location!</p> <p>if anyone has any ideas or advice I would be very grateful</p> <p>Lastly, I must just give my utmost sympathies to the Wallbanks, I have only been dealing with this six weeks and am tearing my hair out :-) wow the stress they have been put through. </p> <p>Best Wishes, Charlotte </p>