Hello there!
Happy Bank Holiday to you.
I am looking to purchase my first home and have hit a stumbling block.
I will try to be brief :-)
The situation:
There is a new development of 2,700 properties
The houses will sit aside a large country park (also to be built by the developers)
The developer will gift the country park to the local council.
The residents will pay £120 a year for "maintenance and repair" of the country park
Anyone can use the country park even though the residents are paying for it (and their council tax) hellishly annoying but not the issue!
The contract states residents are liable for the cost of "maintenance and repai"
I am concerned about any liability beyond the £120 a year
For example if there was a repair bill of £2,000,000 and there was a shortfall
each property would have to pay xyz amount- an equal portion of the shortfall.
The relationship to Chancel:
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.
However it would be difficult for an insurer to quantify the risk.
- 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.
From reading the Wallbanks website I am wondering if infact I would be covered by the Human Rights Act
"The HRA would normally protect private individuals from unreasonable, arbitrary, and unfair demands by statutory bodies."
However, it wouldnt be an unfair and unreasonable demand if I had willingly signed up to it in the first place.
People I speak to, all seem to say, don't touch it with a barge pole. but I love the property and location!
if anyone has any ideas or advice I would be very grateful
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.
Best Wishes, Charlotte
