• Is A TP1 Still In Affect If The Property Developer Has Been Liquidated And The Land Passed To The Crown (Bona Vacantia)

    By Guest on 03rd Aug 2023

    Hi, I live on a new build estate with 20 houses, the land was previously owned by the property developer and managed by a separate management company. The property developer has since been liquidated and the land passed to the crown as it was unowned, I believe the term is Bona Vacantia. I have been told by the management company that a residential management company was set up and is still in affect and service charge still payable, I have recently been made a director of the residents management company as I was told by the management company this was the only way to make amendments to the service charge, specifically I and my neighbours wanted to remove the ground maintenance charge as the cost is extortionate and the communal area practically non-existent. I am now being told by the management company the TP1 states ground maintenance cannot be removed. My question is, why is a TP1 still active if the developer has been liquidated and the land passed to the crown, would it not be null and void now? And if it still is in place, can it not be amended by the directors of the residents management company?

    Any help on the topic would be appreciated, thanks.

  • 1 Answers

    By Guest on 26/08/2023

    The obligation to pay the charge is most likely contained in covenants created by the TP1, between the property owners and the Management Company. Obviously I haven't seen the title, but usually the title to each house will contain a restriction preventing a change of ownership without the new owner entering into the covenants in place of the seller. The Management Company and property owners can agree between themselves to vary the covenants

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