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Paying for upkeep of communal land

Question for Solicitor. It turns out my management company does not own the communal land that they are charging me so much to maintain. The builder still does. Do I still have to pay? Ken Kildare.

The probably answer is yes because in the contract there would be an agreement identifying the communal land and stating that it is to be transferred to the management company but at the same time imposing the duty on the management company to maintain it now. The actual legal transfer will happen later but once the duty to maintain is imposed on the management company then they must do so regardless of when the legal title will be transferred.

Put simply it doesn't matter who actually owns the freehold of the land so long as there is an entitlement for the management company to occupy it.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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