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  • A friend of mine is buying a house and received the legal pack, there is a section regarding the leasehold on the land.
    Turns out the house is freehold, the garden and car parking bays are freehold, but the common land is owned by Persimmon Housing. There is a ~£150 annual charge, but the pack refers to owners liability for repair costs.
    I assume this is due to the roads being unadopted. She is obviously concerned that she buys the place and at some point in the future they can ask her for any amount of money to fix a problem.

    She is trying to find out if there is a cap, or whether the council are likely to adopt the road at some point in the future.
    Is there an insurance policy you can take out for this?

    It is a new build estate, about 4 years old, in Aveley, Essex.

  • Not a solicitor, but I believe you need you look for a Section 38 Agreement.

    Section 38 of the 1980 Act provides local authorities with the powers to enter into an
    agreement to take over (adopt) and thereafter maintain at public expense a newly
    constructed road.

    Before entering into a Section 38 Agreement, the local authority will require that
    developers (or landowners where this is different) obtain full planning permission, or
    reserved matters consent where outline permission has been granted, for the development
    from the relevant planning authority.

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