41. Jointly used services
Jointly used services refer to shared facilities, amenities, or infrastructure that serve multiple properties or landowners within a particular area or development. These services are typically established to facilitate the efficient management, maintenance, and operation of common areas, utilities, or features that benefit all stakeholders.
Common examples of jointly used services include
- Maintenance of shared driveways: Shared driveways are access routes or roads that serve multiple properties or parcels of land, allowing vehicular access to individual properties. Maintenance of shared driveways may involve responsibilities such as repairing potholes, resurfacing, snow removal, and ensuring safe passage for vehicles.
- Boundary maintenance: Boundaries between adjacent properties may require maintenance to ensure clear demarcation, prevent encroachments, and preserve boundary features such as fences, walls, or hedges. Landowners sharing a common boundary may have agreements or arrangements in place to maintain boundary structures and address boundary disputes.
- Drainage systems: Shared drainage systems, such as surface water drains, culverts, or sewer lines, may serve multiple properties within a development or neighbourhood. Maintenance of drainage systems involves ensuring effective drainage, preventing blockages or obstructions, and addressing issues such as flooding or pollution.
- Common areas and open spaces: Common areas within a development, such as parks, gardens, courtyards, or recreational facilities, may be jointly used and maintained by property owners or residents' associations. Responsibilities for common area maintenance may include landscaping, lawn care, litter removal, and provision of amenities.
- Utility services: Utilities such as water supply, electricity distribution, gas pipelines, or telecommunications infrastructure may be shared among neighbouring properties or developments. Coordination of utility services and maintenance activities ensures reliable service provision and minimises disruptions for all users.
Legal Arrangements and Responsibilities
Jointly used services are typically governed by legal agreements, covenants, or arrangements that outline the rights, obligations, and responsibilities of participating property owners or stakeholders.
These arrangements may include:
- Shared maintenance agreements: Property owners may enter into formal agreements or contracts specifying the terms and conditions for sharing the costs and responsibilities of maintaining jointly used services. These agreements may detail contribution ratios, maintenance schedules, dispute resolution procedures, and enforcement mechanisms.
- Deed restrictions or covenants: Deed restrictions or covenants recorded in property deeds may impose obligations on landowners to participate in the maintenance of jointly used services and adhere to established rules or standards. Violations of deed restrictions may result in legal action or enforcement proceedings.
- Residents' associations: In developments with shared amenities or common areas, residents' associations or management companies may oversee the management and maintenance of jointly used services on behalf of property owners. These associations may collect fees or levies to fund maintenance activities and administer shared facilities.
Where to find relevant documents for property sale
When selling a property with jointly used services, it is essential to provide potential buyers with relevant documents and information to understand their rights, obligations, and involvement in shared maintenance arrangements.
Key documents may include:
| Shared maintenance agreements | Copies of shared maintenance agreements or contracts detailing the terms and conditions for maintaining jointly used services should be provided to potential buyers. These agreements outline contribution requirements, maintenance responsibilities, and dispute resolution procedures. |
| Deed restrictions or covenants | Property deeds or conveyancing documents may contain references to deed restrictions or covenants affecting the property's use and maintenance obligations. Buyers should review these documents to understand any obligations related to jointly used services. |
| Residents' association documents | If the property is part of a development with a residents' association or management company, buyers should request copies of association bylaws, rules, financial statements, and meeting minutes. These documents provide insight into the management and administration of shared amenities and services. |
| Solicitor's advice | Buyers and sellers should seek legal advice from a solicitor or conveyancer specialising in property law to review and interpret relevant documents, assess the implications of jointly used services, and ensure compliance with legal requirements and obligations. A solicitor can provide guidance on resolving any issues or disputes related to shared maintenance arrangements. |
By providing comprehensive information and documentation related to jointly used services, sellers can ensure transparency, compliance, and informed decision-making for prospective buyers interested in properties with shared amenities, facilities, or maintenance obligations.