Solicitors Frequently Asked Questions & Our Answers During Sales & Purchase of Properties
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Q) When was the Granville Cliff Estate Company Limited formed & why?
A) The Company was formed on 21st April 1998 by a Certificate of Incorporation on Change of Name from Inn Projects Limited formed on 1st November 1996 and the Memorandum and articles of Association of Inn Projects Limited were adopted.
The Company was formed to purchase the roads, verges, banks and beach to ensure residents as shareholders of the Company would have access to their property. Shares were made available at £200.00 per property and issued in the name(s) of the owner(s). The share has to be transferred to the new owner on the sale of a property. The transfer of the share is by means of a Stock Transfer Form that the seller should send to our accountants Bristow Burrell at 4 Riverview, Walnut Tree Close, Guildford, Surrey, GU1 4UX. We do not charge for the transfer but the accountants’ fee is presently £36.00. The share price was set at £200.00 to recoup the money paid by two of the residents to the then owner of the Estate. The estate had been divided into plots and these plots had been purchased by residents over the years but the plot purchase did not include the roads, verges, banks or beach. -
Q) How many properties are on the Estate?
A) At the moment there are 187.
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Q) Is there a share for every property?
A) No. Some residents did not buy a share. This means that they have no voting rights at the Residents Association AGM or in any ballot or postal vote. There are 161 shareholders. If the property does not have a share we encourage the new owner to buy one from us for £200.00.
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Q) Why is there a Residents Association?
A) The Residents Association was formed with the agreement of the Company Directors by a Special Resolution dated 25th January 1999 to delegate the running of the Estate to the Residents Association. This was to manage the Company’s roads, verges, banks and beach for the Company. This includes maintaining and repairing the roads, cutting and trimming grassed areas, providing signage, mirrors at unsighted junctions, notices and providing gates at both Estate entrances.
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Q) How many people are on the Residents Association Committee and what are their tasks.
A) There are 10 committee members at the moment but there has to be a minimum of three and a maximum of twelve. They meet approximately every 6 weeks to discuss Estate matters and issues. There is a Chair-person, Secretary and Treasurer and other members have responsibilities for Roads, Planning applications and construction fees, Health & Safety, Legal & Historical, Maintenance, Website, Newsletters & Neighbourhood Watch. The committee liaises with all the public utilities in connection with any repairs or replacement to services that may be required and that are likely to affect residents. The committee also meets residents regarding parking issues, misuse of Company land, unsightly deposits and abandoned vehicles.
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Q)Does the Residents Association have a Constitution?
A) Yes. This can be seen on our web site as Issue 3 dated November 2014.
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Q) Does the Committee become involved with neighbour disputes?
A) No we try not to unless the dispute is about or involves Company land
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Q) What restrictions apply to the Estate?
A) There was a Special Resolution passed on 21st July 2001 to restrict rights of way of vehicles up to 10 Tonnes and to make a charge of £1,000.00 for use of vehicles in excess of 10 Tonnes for each new build or substantial extension requiring planning permission. This was further revised by a Special Resolution dated 16th August 2011 to increase the charge to £5,000.00 and that substantial extensions or alterations requiring planning permission will incur a reduced charge based on the proposed works. The Charge is based on a new property of up to 2 stories with a habitable roof space. Should additional floors or a cellar be proposed the charge would be increased due to the additional transport and subsequent wear and tear to the Estate roads
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Q) Does the Residents Association have Rules?
A) Yes. See our web page for details.
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Q) Are there any Estate byelaws?
A) Yes. See our Web page for details.
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Q) What is the service charge, when does it run from and to and when is it due?
A) The fee is £100.00 per year. It is for the period from 1st January to 31st December. Invoices are sent out in January and due for payment by mid/end of March in the same year.
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Q) Have you experienced any problems during the last 3 years with the collection of service charge? If so, please supply details.
A) Yes/No Details supplied if required.
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Q) Are there any outstanding fees in connection with this property?
A) Yes/No as the case may be. If fees are outstanding the property cannot be sold until the outstanding fees are paid
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Q) Is an increase to the fee planned in the near future?
A) No, not at the moment. To increase the fee there will have to be a vote in favour by 75% of the shareholders at an AGM or by a postal vote.
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Q) Are there any items that will require large expenditure in the near future that you are aware of?
A) No. The road maintenance and repairs is the largest expense we incur but they are maintained annually and are in reasonable condition. The sea wall, groynes and beach are maintained by Canterbury City Council in conjunction with The Environment Agency.
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Q) Can we have a copy of the last AGM for the Residents Association?
A) Yes.
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Q) Can a Deed of Grant be obtained?
A) Yes. If the resident is a Shareholder in the Company a Deed of Grant can be obtained from our solicitors Furley Page LLP of Whitstable. This will give the resident Right of Access for perpetuity irrespective of the existence or otherwise of the Company. The solicitors fee is approximately £450.00.
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Q) Are copies of the last three years of audited accounts available?
A) Yes. On written request these can be sent to you. We charge a £75 administration fee.
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Q) When is the accounting year end?
A) 31st December.
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Q) Is there a reserve fund for unexpected repairs or costs?
A) We believe that we have sufficient funds but we are looking into setting this up in future.
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Q) Do you have Public Liability Insurance and if so what is the Cover?
A) We do have Public liability cover. The policy is with John Ansell & Partners Ltd. and provides for £2,000,000.00 cover
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Q) Where is the nearest publicly maintained road?
A) Faversham Road/Admiralty Walk
- Any building works and alterations to existing properties on the Granville Cliff Estate which require planning permission from Canterbury City Council will be subject to a building charge for the extra use of Company roads and land by contractors vehicles and deliveries.
- If you are renting a property on the Estate, you are expected to keep to the rules of the Granville Cliff Estate Residents Association, and comply with requests with regard to parking of vehicles on estate roads. Please refrain from parking on the grass cliff on Preston Parade.
- If more details of the financial standing of the company and copies of accounts for last three years and any other information is required a charge of £75.00 will be applied and a request in writing should be made to our PO box number in Whitstable.