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can we charge for use of our land
the residents in our close signed an agreement for the use of part of our land to enable building of a new hall.until the end july 2010
the agreement was that for using the land they would put in new soak away drains at the time the drains were laid for the new hall, the drains for the hall were laid in april ours were not
they also agreed to clear and tidy the car parking area and put a new surface down on the carpark.
the building is finished the builders have left the new soak aways have NOT been fitted
the builders have left soil,cement,brick rubble,metal pipes.nails,long bolts all the way (about 75 feet) along the car parking area of our land,
the carpark was NOT cleared or tidied the carpark as was in the written agreement.
any advice appeciated thanks
the project leader when asked about this by one of the residents said i quote "the car park rubbish will be cleared at the end of september"
so that means another month where we cannot use our land.
as the agreement was to use the land only til the end of july 2010 can we send a bill to them as we cannot yet use our own land
the agreement was that for using the land they would put in new soak away drains at the time the drains were laid for the new hall, the drains for the hall were laid in april ours were not
they also agreed to clear and tidy the car parking area and put a new surface down on the carpark.
the building is finished the builders have left the new soak aways have NOT been fitted
the builders have left soil,cement,brick rubble,metal pipes.nails,long bolts all the way (about 75 feet) along the car parking area of our land,
the carpark was NOT cleared or tidied the carpark as was in the written agreement.
any advice appeciated thanks
the project leader when asked about this by one of the residents said i quote "the car park rubbish will be cleared at the end of september"
so that means another month where we cannot use our land.
as the agreement was to use the land only til the end of july 2010 can we send a bill to them as we cannot yet use our own land
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What are the terms of the agreement?
Was there a penalty for over running? or if any of the works were not carried out? or not carried out to a spacific standard?
As a first you should write to the main contact, recorded delivery, and ask them to finish the remedial work and clearing up within a spesified time and state that if this is not done you will be forced to get three quotes for the work to be done and then seek to recover the costs from them.
Was there a penalty for over running? or if any of the works were not carried out? or not carried out to a spacific standard?
As a first you should write to the main contact, recorded delivery, and ask them to finish the remedial work and clearing up within a spesified time and state that if this is not done you will be forced to get three quotes for the work to be done and then seek to recover the costs from them.
the innitial letter we received was
with reference to the new village hall to be constructed from jan 2010
your agreement is required for the village hall management trust to be able to use a section of your carpark at the rear of properties 1-15 on the boundry line to the village hall in exchange for the tidying up and installing two new soak aways
a meeting is arranged to finalise the agreements and for you to sign the agreement
yours sincerely
etc
we had the meeting and the agreement that was signed is as follows
in consideration of the village hall management trust agreeing to carry out the following works i/we the undersigned hereby consent to the village hall using the said car parking area in order to assist the new build until the end of July 2010 or earlier upon completion of the new build.
the agreed works referred to above are
to tidy and surface the car parking area
to install two soak away type drainage systems in the car parking area when the site drains are laid
to erect a new solid fence on the boundry line of the car park and the new build following completion of the new build
i/we confirm that all adult owners/occupiers have signed below and are authourised to do so
followed by signatures and date
with reference to the new village hall to be constructed from jan 2010
your agreement is required for the village hall management trust to be able to use a section of your carpark at the rear of properties 1-15 on the boundry line to the village hall in exchange for the tidying up and installing two new soak aways
a meeting is arranged to finalise the agreements and for you to sign the agreement
yours sincerely
etc
we had the meeting and the agreement that was signed is as follows
in consideration of the village hall management trust agreeing to carry out the following works i/we the undersigned hereby consent to the village hall using the said car parking area in order to assist the new build until the end of July 2010 or earlier upon completion of the new build.
the agreed works referred to above are
to tidy and surface the car parking area
to install two soak away type drainage systems in the car parking area when the site drains are laid
to erect a new solid fence on the boundry line of the car park and the new build following completion of the new build
i/we confirm that all adult owners/occupiers have signed below and are authourised to do so
followed by signatures and date
That seems clear enough (except that it doesn't specify what type of surface they are to put on the car park). But it doesn't contain a "time of the essence" clause & if you claim compensation (which is what I think you would have to do - I don't think you can start charging rent for use of the land without any agreement) you will quite likely have to prove loss & the amount would be related to your loss. If there is no loss other than the inconvenience of parking elsewhere then you might be unsuccessful if your claim wasn't paid & it went to Court.
What have you done with the village hall trust members? You are fully entitled to complain strongly & in writing. You may well also be able to threaten to take action for specific performance of the contract - & to claim the costs of doing so from them.
What have you done with the village hall trust members? You are fully entitled to complain strongly & in writing. You may well also be able to threaten to take action for specific performance of the contract - & to claim the costs of doing so from them.
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