We live in a housing estate in Kildare, built in the late 1990s. The estate was taken into charge by Kildare Co Co a number of years ago. The land registry shows that the common areas of the estate remain in the ownership of the original builder, who went bankrupt more than a decade ago. Our residents association pays for the maintenance and upkeep of the common areas, for which we pay an annual maintenance fee per house.
Someone has recently applied for planning permission to refurbish a derelict house on an adjoining site. As part of the proposed works, they propose to build a new road access, connecting to our housing estate cul de sac. This connection obviously requires work to be carried out on the common areas of our estate.
In the ordinary course such work would require the permission of the landowner before it could be carried out. But in this case the landowner is an entity that does not exist.
We, the homeowners on the cul de sac, are unanimous in our objection to this new road connection. The derelict house in question has an existing road access to another road, which the landowner has chosen to cut off to suit their development plans for another adjoining site.
My question is: given the registered landowner no longer exists and we (the residents) have payed for the upkeep of the common areas for over 20 years, do we have legal grounds to say that they do not have permission to connect to our cul de sac?
Someone has recently applied for planning permission to refurbish a derelict house on an adjoining site. As part of the proposed works, they propose to build a new road access, connecting to our housing estate cul de sac. This connection obviously requires work to be carried out on the common areas of our estate.
In the ordinary course such work would require the permission of the landowner before it could be carried out. But in this case the landowner is an entity that does not exist.
We, the homeowners on the cul de sac, are unanimous in our objection to this new road connection. The derelict house in question has an existing road access to another road, which the landowner has chosen to cut off to suit their development plans for another adjoining site.
My question is: given the registered landowner no longer exists and we (the residents) have payed for the upkeep of the common areas for over 20 years, do we have legal grounds to say that they do not have permission to connect to our cul de sac?