Transferring future ownership of the site infrastructure – Roads, Sewers and Open Spaces, the land owner, would enter in to a legally binding agreement with the adopting authority.
For private estate roads, these will typically be under a section 38 agreement with the local authority and a section 104 agreement with the water company. Other agreements include section 278 Highways agreement which the local authority require for improvement works to a public highway as part of a planning condition or Open Space agreement under Section 106 agreements.
The agreements are formed usually with an assurity bond taken out by the land owner, to confirm the works carried out on site will be to the approved planning application drawing and on formal handover when the agreements will be finalised handing the ownership liabilities to the adopting authority the bonds will be released back to the Former land owner. When sites are left unadopted due our clients original contractor unable to finalise their involvement, KEA can assist to complete all works required on site by the adopting authorities to finalise the legal agreement in place, release the bond back to our clients and transfer the ongoing ownership and future maintenance liabilities of the land to the adopting authority.
We can also assist in:
- Forming legal agreements
- Complete easements
- Deeds of grant when our clients land crosses third party land before reaching public watercourse and other legal / technical issues which require resolving prior to final adoption of an estate road, sewer or open space