Rights of Way
Many estate roads, verges and drains on Homesteads Limited's developments were adopted by the relevant local authority soon after they were built, or transferred to residents’ associations. In some cases, however, Homesteads Limited still owns the entirety of the estate roads, and normally owns the subsoil of adopted highways.
Problems have arisen, on sales, with purchasers and their mortgagees, in relation to rights of way over roads, and concerning ownership of verges and crossovers retained by Homesteads Limited. Where rights of way have not been specifically granted over roads, verges and crossovers retained by the company, Homesteads Limited may be willing to grant rights of way, and sell retained verges (fronting to the subject property).
Where rights of way have been acquired over access roads retained by Homesteads Limited by 'prescription', the right of way will only be in favour of the original plots that Homesteads Limited developed and sold. Where there has been a specific grant of a right of way, such right will benefit the parcel of land specified. This means, in either case, that a grant of additional rights of way will be required for any new development on land accessed over Homesteads Limited’s un-adopted roads, even if the land is directly behind, or to the side of, the land benefitting from an existing right of way. In such cases, the land having the benefit of right of way, which is known as the dominant tenement, cannot be unilaterally enlarged by the acquisition of additional land; there can be a misconception that acquiring additional, contiguous land somehow enlarges the dominant tenement.
Where new or additional rights of way are required, Homesteads Limited instructs Surveyors to agree terms quantum meruit.
Homesteads Limited has in the past entered into a collective arrangement, either with a residents’ association, or solicitors representing multiple clients, for the sale of access roads and verges where these have not been adopted by the local authority; altering at the same time certain restrictive covenants.
Road Maintenance
Where Homesteads Limited retains the access roads, a covenant requiring contributions in respect of the costs of maintenance (proportional to frontage) may exist. In these cases, local residents maintain the surface of the roads commensurate to the wear and tear they themselves cause, and Homesteads Limited does not have, and does not accept, any liability arising from lack of such maintenance. Where residents’ associations recognised by Homesteads Limited carry out repairs, the company, subject to indemnification and security for costs, may instruct its solicitors to take reasonable action to recover contributions due from properties in breach of any relevant covenants.