Housing estate common areas remain in ownership of long bankrupted developer

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markmc

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We live in a housing estate in Kildare, built in the late 1990s. The estate was taken into charge by Kildare Co Co a number of years ago. The land registry shows that the common areas of the estate remain in the ownership of the original builder, who went bankrupt more than a decade ago. Our residents association pays for the maintenance and upkeep of the common areas, for which we pay an annual maintenance fee per house.

Someone has recently applied for planning permission to refurbish a derelict house on an adjoining site. As part of the proposed works, they propose to build a new road access, connecting to our housing estate cul de sac. This connection obviously requires work to be carried out on the common areas of our estate.

In the ordinary course such work would require the permission of the landowner before it could be carried out. But in this case the landowner is an entity that does not exist.

We, the homeowners on the cul de sac, are unanimous in our objection to this new road connection. The derelict house in question has an existing road access to another road, which the landowner has chosen to cut off to suit their development plans for another adjoining site.

My question is: given the registered landowner no longer exists and we (the residents) have payed for the upkeep of the common areas for over 20 years, do we have legal grounds to say that they do not have permission to connect to our cul de sac?
 
IAMAL but I've been involved in the transfer of legal title of estates like yours to the local authority where it had taken the estate in charge for many years before.

I can't see how you'd have legal grounds to stop a connection, you don't own the land. Since the local authority has taken the estate in charge, they now maintain the services so they would have to consent to the connection which more than likely they would.

However, if you could resurrect the original builders company (was it a company?) then you are onto something
 
8till8 said:
IAMAL but I've been involved in the transfer of legal title of estates like yours to the local authority where it had taken the estate in charge for many years before.

I can't see how you'd have legal grounds to stop a connection, you don't own the land. Since the local authority has taken the estate in charge, they now maintain the services so they would have to consent to the connection which more than likely they would.

However, if you could resurrect the original builders company (was it a company?) then you are onto something
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Many thanks for the response 8till8.

Sorry I don't understand what IAMAL means?

So does taking the estate in charge confer land ownership rights in your opinion? I've reviewed the guidance document from the Office of the Planning Regulator re taking in charge (I can't post a link, but easy to find online) and there is no mention of ownership transferring to the council. Only the transfer of responsibilities for upkeep and maintenance, etc.
 
I Am Not A Lawyer but I mistyped it -- see definitely not a lawyer!

No taking in charge doesn't confer land ownership. But I don't see how maintenance and upkeep of green areas confers any rights. I think you'll have to fight it via the planning application route.

Was the original developer a ltd company?
 
Ah OK, thanks. Not familiar with that acronym!

My understanding is that common areas customarily transfer from original developers over to management companies, if they do at all. In this case that step didn't happen, which from researching this issue I understand is very common across the country in older housing estates. That's the main reason I wonder whether we have the right I guess.

Yes, it was a limited company
 
Objecting to the planning application on the grounds of the land ownership will probably not be successful as it is not relevant as to whether planning should be granted. The planning authority cannot be expected to deal with land ownership issues/disputes.
Could the residents association claim ownership of the land by squatters rights? Especially as they have being maintaining the land.
A registered letter to the person proposing to build the road from the residents association, informing them that you intend to register as the owner of the land and you object to their proposal may deter them from proceeding.
Legal advice would be useful,
 
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