Estate Management & Chartered Surveyors

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FREEHOLD & LEASEHOLD

covenants

The following information is based upon documents provided to us and on the understanding that each of the title documents are essentially the same. This is a brief interpretation of those covenants which may have relevance to the day to day management of the estate, it is intended for general guidance only and where there is any doubt you should consult a Solicitor.

Please read on for Freehold covenants or scroll down for Leasehold covenants

Covenants in the freehold title to each of the individual houses.

(1. Definitions)

The communal areas and facilities are:

a) The estate road, access ways, footpaths and parking spaces intended for communal use

b) The electronic entry gates, walls, railings or fences within or on the boundaries of the estate as are intended to be the responsibility of the Management Company.

c) The communal planted areas.

d) All lighting within the communal areas.

e) Any other facility provided by the Management Company for communal use and enjoyment of all 61 properties.

The Management Charges:

Each property on the estate pays 1.64% of the management company’s expenditure.

Schedule 1 (6) All parking spaces on the estate have been allocated for private use.

Schedule 3 (1) No permanent or temporary structure may be erected, nor any structural alterations made without approval in writing from the Management Company or its Surveyors reimbursing any reasonable costs incurred.

Schedule 3 (8) No noise shall be created within the property that maybe an annoyance to neighbours or that maybe audible outside the property between 11pm and 9am

Schedule 3 (9) No caravan, trailer, boat or similar may be kept on the property or the estate.

Schedule 3 (9) No one is to obstruct any part of the communal areas at any time

Schedule 3 (10) and Schedule 4 (3) enforces any regulations created by the Management Company.

Schedule 3 (13) Aerials or Satellite dishes are not permitted without written consent from the Management Company.

Schedule 3 (14) Owners of private houses should redecorate their house externally every 5 years in similar colours to that provided in the original scheme.

Schedule 3 (Clause 15 to 17) reinforces (9) above and specifically states that no parking is allowed in the Communal parts and prohibits dumping or maintenance of vehicles on the estate. Powers are given to the Management Company to remove abandoned vehicles and recover its costs.

Schedule 3 Clause s 12 & 18 and Clause 8 of Schedule provide that the front and side landscaping to the freehold properties should be properly maintained as intended by the original scheme and in the event of default the Management Company may carry out the maintenance and recover the cost from the property owner.

Schedule 4 (1) provides that the service charges be paid within 14 days of demand and in the event of default, debt incurs interest at 4% above base rate.

Schedule 4 (2) provides that concurrent with any property sale that the present owner will transfer their share in the Management Company to the new purchaser and for that purchaser to enter into covenants with the Management Company.

The Fifth Schedule imposes upon the Management Company to provide the following:

a) Insure against any liability from the use of the Communal parts and facilities.

b) Maintain and repair the Communal areas and facilities

c) Maintain the lighting

Schedule 7 (4) empowers the Management Company to make Estate Regulations.

Covenants in the leasehold title to each of the individual leases.

Definitions in regards to Estate Covenants and Expenditure are found in Section 1, Clauses (o) and Schedule2;

(q) and Schedule 6;

(s);

(t) and Schedule 7;

(v)

Clause 6 (d) gives the Management Company powers to make Estate Regulations.

Schedule 2, Part 1 defines the estate maintained property to include all the communal areas and access ways, also the bin and gardeners store.

Schedule 6 (A)

1) Obliges the Management Company to maintain the grounds and boundaries as defined.

2) Keep access ways clear

3) Repair the Service installations

Schedule 7 (1a) The Management Charges:

Each property on the estate pays 1.64% of the management company’s expenditure

Schedule 8, Part 1 (1 & 2) provides that the service charges be paid within 14 days of demand and in the event of default, debt incurs interest at 4% above base rate.

Schedule 8, Part 1 (24 and 25) provides that concurrent with any property sale that the present owner will transfer their share in the Management Company to the new purchaser and for that purchaser to enter into covenants with the Management Company.

Schedule 8, Part II, Clauses 2 to 6 states that no parking is allowed in the Communal parts and prohibits dumping or maintenance of vehicles on the estate. Powers are given to the Management Company to remove abandoned vehicles and recover its costs. The Lease provides for allocated private parking spaces but no caravan, trailer, boat or similar may be kept on the property or the estate.

Schedule 8, Part II, Clause 10 provides that no noise shall be created within the property that maybe an annoyance to neighbours or that maybe audible outside the property between 11pm and 9am


 


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