Deed of Easement
for service roads and gardens on the Hanger Hill Garden Estate (Houses only)
A deed must be signed and lodged with the Land Registry every time a house on the Estate changes hands.
What does the Deed do?
A Deed of Easement formalises the relationship between the owners of houses on the Estate and HHGER Ltd*, the company which owns the service roads and communal gardens (for which HHGERA is the managing agent)). It formally grants: the right of access to garages and rear gardens via the gated service roads; the right to purchase keys to the service road gates; the right to purchase a service road skip licence allowing the placement of skips on the service road and the right to place wheelie bins in the service road on the day of collection. In return the owner agrees to pay a contribution towards the cost of maintenance & repairs (as indicated below) of the relevant service road Zone, the security gates, the communal gardens and legal / administration costs.
Service charge and right of way
The annual service charge covers the costs of the communal gardens maintenance contract, routine maintenance to the gated service roads and the insurance and administration costs of HHGERA and HHGER Ltd. It is set by vote at the HHGERA AGM and all residents of houses that have paid the service charge are entitled to vote. The service charge in 2019 was set at £60 per house for the calendar year. The right of way will no longer apply to new owners and they will not be allowed to purchase or hold keys to the gated service road gates unless they sign up to the Deed of Easement. HHGER Ltd requires that when a house is sold, the new owner enters into a Deed of Easement.
The Service Roads on the HHGE
There are five gated service roads used by houses residents on the Estate to access their garages. These are owned by HHGE Residents Ltd., a private limited company, and managed by the HHGE (Houses) Residents Association. The ungated service roads are owned by the Flats management company and are its responsibility.
Contribution to the cost of capital repairs to the Service Roads
To ensure that the service roads do not deteriorate any further and are regularly maintained in future, each house owner with a garden and/or a garage which backs onto a service road is required to pay an equal proportion of the cost of repairs in their Zone as needed. Costs are recovered wherever possible from other sources such as Thames Water. But any balance is then shared between the relevant houses and is payable in addition to the annual service charge contribution. For example, if there are 20 garages on a particular service road they are each expected to pay 1/20th of the cost.
Contribution to the cost of maintenance of the communal gardens
The communal gardens are maintained under an annual gardening contract. The cost of this is included in the annual maintenance service charge to all Houses – see above.
Buying or selling a House
If you are thinking of buying or selling a house on the Estate, or are in the process of selling your house, please ensure your solicitor is made aware of this information and contacts the Estate's solicitor to issue the Deed and to discuss any queries, at the following address:
Muscatt Walker Hayim Solicitors
Speen House, Porter Street
London W1U 6WH.
Tel: 0207 486 5131. Fax: 0207 935 8423
DX 41736 MARYLEBONE 2
* Hanger Hill Garden Estate Residents Ltd
Company No. 01757836. Reg Office: 187 Princes Gardens West Acton, London W3 0LT