Greenbelt own the land on this site that is considered communal - charging me maint fees?

[mamadragon]

Hi there,

I've been a member on here for quite a long time, but never needed to post as all my queries have been covered in the FAQ section and other helpful templates, etc.

 

 

However, I'm currently having issues with a company by the name of Greenbelt Group who are a Glasgow based company who own and theoretically maintain communal areas of housing developments.

 

I live on the South Coast of England and bought a Barratt home almost three years ago.

 

It appears from what I have read elsewhere that Greenbelt buy the land on the site that is considered communal and then they charge for the maintenance of this land

and each home owner hasto pay a yearly charge, which is £124.36.

 

As the owner of the freehold (not counting the banks ownership), how legal is it for Greenbelt to effectively own the monopoly of this communal land?

 

They're totally useless and the communal areas are maintained by residents as in some places the shrubs are so overgrown that it was not possible to see oncoming cars.

 

On their itemised bills, they charge for "electricity supply to feeder pillar".

 

How can I be paying them for electricity to street lighting?

 

I'm concerned that their grip is somehow part of the title deeds to the house and any buyer in the future of this house will be saddled with the "burden" and in the interim,

I'm similarly billed and threatened with Court action if I don't pay.

 

I know in Scotland there is quite a protest and a lot of complaints, but in England I can't see any similar support for the victims or challenge to the company.

 

Has anyone heard of this company or have any advise as to how I can challenge this maintenance charge?

[dx100uk]

i have renamed the thread and moved it to the residential lettings forum

 

you might get some answers there

 

dx

siteteam

[cerberusalert]

Have you checked your deeds to see if this is included?

[cerberusalert]

If there is no mention of it in the deeds & you have not entered into a contract with the company I can't see how they would win any court action.

[mamadragon]

I don't think I have the deeds. The house is mortgaged. I've asked a neighbour friend about her deeds and waiting to see.

I had no idea at the time that something like this can be included - feel pretty stupid and annoyed about it all.

Thanks for responding .

[cerberusalert]

To be honest I doubt if there will be anything in the deeds & as I said unless you have entered into a seperate contract with this company they cannot take any enforcement action to make you pay for an obviously useless and unwanted 'service'.

[Steve__M]

Why would you not think it is in the deeds!?

 

My deeds make me jointly responsible for maintaining a shared parking area that I don't own. So check the deeds.

[Ed999]

My comments apply only if the premises are entirely within England and Wales.

 

 

If there are any legally binding outgoings, such as fees or expenses, that affect the property, I would have expected your Solicitor to have explained them to you when you bought the property. You could possibly sue him for negligence if he did not, if the charges are actually legally binding.

 

Check the correspondence and documents which the Solicitor gave to you during the conveyancing process.

 

 

If you want to check your title deeds, you can do so easily. They are a document of public record, available on-line at the Land Registry:

 

https://www.landregistry.gov.uk/wps/portal/Property_Search

 

 

If the deeds to the property do not contain any such obligation - sometimes called a 'rent charge' even though you are not renting - then even so it might still be necessary to pay for the use of the communal areas if you need to use them as a right of way, e.g. to gain access between your land and the public highway.

 

 

If the sums being claimed are not legally due, get a Solicitor, and sue to get your money back. It is possible that you are being conned, about a matter you have no legal obligation to pay.

Edited June 1, 2011 by Ed999

[stu007]

Hi mamadragon

 

I know you say you dont have the deeds but you really need to get a copy of the deeds to check if their is any clauses that this company can thus charge you the homeowner.

 

Try contacting your mortgage company as they may possibly have the title deeds or a copy which they could give you a copy of.

[Ed999]

Try contacting your mortgage company as they may possibly have the title deeds or a copy which they could give you a copy of.

 

 

The mortgage lender will give you short shrift if you do!

 

You must pay the £4 fee and obtain an Office Copy of the Land Register - the certificate which has replaced title deeds since 1925 - from H.M. Land Registry. See the link in my previous post, above.

Edited June 1, 2011 by Ed999