Private Road/council

[greeneyedmonster]

I live in a new(ish) house on a site that the builders were going to develop further but unfortunately they have gone into receivership. We have a private temporary road (the permanent one was to be done once all the building work had finished) which is in a very bad state of repair and last year the residents instructed a company to sort the matter out for us. They found several instances of negligence by the local council, for example repaying bonds to the builders without the related being done. The case had to eventually be referred to the local government ombudsman, who has now said she cannot act mainly because of the length of time that has elapsed between the houses being built and our complaint - totally ignoring the fact that although complaints HAD been made to the council, nobody took it any further because we knew that the road would eventually be sorted by the builder. Her second point was that our solicitors should have secured legal rights for the road as it's private.
So basically, we are stuffed, and even more galling is that the receivers were going to fix the road (not to the standard we'd been promised but adequately) but as the site includes a listed building, the council told them it had to be top notch or they couldn't do it! I know it's a long shot but has anyone got any bright ideas? Thanks a lot :-)

[bednobs]

sounds like you might have been better paying a company to do the road. can you do that now?

[greeneyedmonster]

I don't even want to think of that to be honest as we have had estimates before of six figures and there are only 18 houses. If only I could turn the clock back!

[The Builder]

Assuming there are assets in the Company (land next to you that has value, and can be developed), then the Receivers will be looking for another party to take this on.

Whoever does, will have a duty to finish the road to the required level. I think you can only only wait this one out.

[greeneyedmonster]

Yes that's what's happening. I can only hope someone takes it on soon!

[cassa333]

Depends on what terms any new developer buys the next phase of the build. In all likelyhood they will have a compulsion to fix the road but if the recievers want to get shot they might get rid asap without regard to you??

[greeneyedmonster]

To be honest the receivers seem to be doing their best to do right by us (they were going to fix it to make it useable for us) so I'm crossing my fingers that whoever takes it on will do the decent thing.

[cassa333]

To galy able to sell they should have had the road to a minimum standard. That isn't finished but sort of half way there..