The Management Committee are very happy to facilitate and agree to improvements.
Please be aware of Counsel’s legal opinion:-
“The owners” as a whole cannot be required to maintain a higher standard of road which has been installed for the benefit of some individual owners or occupiers. Legal agreements with the Trust in the last 25 years have reflected this view. It is also not an aim of the trust to fund improvements.
Any party wishing to improve/change the nature of a Trust road should be aware of the following steps (not all steps will be required for smaller projects):
1. Provide full details including, ideally, construction drawings and as part of this:
a. Identify any services and conduits which may be affected.
b. Where applicable, ensure that it is sufficient to enable reasonable use by other existing beneficiaries (including conduits and services).
2. Provide an assessment of the existing common enjoyment and how the works will protect or improve the common enjoyment of all beneficiaries.
3. Provide an assessment of the impact on health and safety. Things to consider:
a. Tarmac – will increase speed generally and require positive drainage.
b. Slippery surfaces – ice, horses.
c. Drainage – new ditches may present a hazard.
d. Increased use.
Nothing should be done which might increase the Trust insurance premium or vitiate the policy.
4. Consult the owners and occupiers who make regular use of the route and in particular those who ue it for vehicular access to their property. Provide a list of consultees to the committee, confirming the majority are in favour, and identify any who are objecting and why.
5. Following receipt of 1-4 the committee may ask for some clarifications or adjustments before giving approval; subject to contract. Where the Committee feels it appropriate, the applicant may be required to pay for a special owners’ meeting to consult and request approval from the majority of land owners present at such a meeting.
6. Obtain planning approval where required.
7. Enter into a legal agreement to construct the improvements in accordance with the drawings, at the applicants cost and in a professional and timely manner; causing as little disruption as possible to the continued use by other beneficiaries. Supervision during construction and a completion certificate will normally be required.
8. Enter into a legal agreement to maintain the improvements going forward. Such maintenance may need to be registered at the land registry with a restriction on disposition without the new owner entering into an equivalent agreement with the Trust.
In order to protect the beneficiaries we may require a bond (as would DCC highways) to secure items 7 and 8.
All reasonable fees (legal and surveyor) of the Trust are to be paid by the applicant.
