West Cliff House Owners' Association
Wednesday, 17th July 2019
There are three entities to the West Cliff Estate as follows:-
The lower estate, built from around 1918.
The middle estate, built from around 1960.
The upper estate, built from around 1971.
All three sections of the estate are covered by covenants which specify responsibilities of access and maintenance of the land referred to as West Cliff Estate. The original intention was to have all three sections of the estate covered by a common and identical covenant for each property. However, due to legal difficulties this has not happened and all three sections of the estate have differing covenants. It therefore requires the goodwill of all property owners for the association structure to work successfully.
Excerpts from the lower estate covenant
Covering all roads to the top of West Cliff Road
...for all purposes and at all times pass and repass first over and along a strip of land belonging to the Earl and coloured brown in the said plan and marked forty feet right of way and secondly over and along a strip of land coloured red in the said plan thirty six feet in width from a point connecting the west end of the Esplanade Road to a point marked B in the said plan but nevertheless subject and reserved to the Earl, his heirs and assigns in common with other persons for the time being entitled thereto a right of way on foot and for vehicles and other traffic for all purposes and at all times over the paths and roads crossing the land thereby conveyed and confined in the said plan between the points.....in accordance with the provisions appearing in the obligations of contributing a due proportion of the expense of maintaining, repairing and cleansing the same road until the same should be adopted by the Local Authority.....Vendors as beneficial owners do hereby grant and convey to the purchaser and his heirs all those pieces or plots of land situate on the West Cliff Estate in the Parish of Symondsbury in the County of Dorset and delineated on the plan drawn on these present and thereon coloured pink and numbered - together with the same full and free liberty for the purchaser, his heirs and assigns on foot or with horses and carriages at all times and for all purposes in common with the vendors, their successors in title grantees and assigns to use and pass over and along the roads herein before referred to over which a right is granted.....The Purchaser of each plot shall pay a proportionate part of the expense of maintaining, repairing and cleansing the roads through the Estate which may hereafter be made by the Vendors after such road shall be made, formed and opened for use but not further or otherwise and also of the sewers and drains thereunder, such payment to be made according to the rateable value of his plot with any buildings on the plot at the time being and to continue until the same roads and sewers shall be taken over by the Public Authority, such proportions to be determined on case of variance by the Vendor's Surveyors.
The West Cliff House Owners' Association is responsible for maintaining all roads and surface water sewers. It is also responsible for the majority of verges and banks on the lower estate.
Excerpts from the middle estate covenant
Covering (lower) West Walk from junction of West Cliff Road to junction of Brit View Road
...of the West Bay Estate* as the same is for identification purposes only delineated on the plan attached hereto and thereon shown edged pink and blue together with the right for the purchaser and his successors in title owners and occupiers for the time being of the property hereby conveyed and all persons authorised by him in common with all persons having the like right (1) to pass and repass at all times by day or by night and for all purposes with or without vehicles or animals over and along West Walk when constructed and in the meantime over and along the intended site thereof the purchaser paying a proportionate part of the expense of repairing and maintaining the same until the same shall become repairable by the Local Authority (2) to use (subject to the sanction of the Local Authority) the sewers drains public service pipes and wires laid or to be laid under West Walk aforesaid the purchaser making good to the satisfaction of the Estate Developers George Calverley and Sons (Contractors) Limited all damage occasioned in making connections thereto and paying a proportionate part of the expense of repairing and maintaining the same sewers and drains until the same shall become repairable by the Local Authority (3) a right of way on foot and for vehicular and other traffic for all purposes and at all times over and along the private road marked A - D on the plan attached to a Conveyance dated the Eighth April One thousand nine hundred and sixty and made between the Strangways Estates Limited of the one part and...
* West Bay Estate - mistake on covenant? Should read West Cliff Estate.
George Calverley and Sons went into receivership before formally agreeing to the above covenant. The new developer refused to impose the same conditions upon its customers. House owners are therefore technically responsible for maintaining the pavement, road and surface water sewers outside their property, out to the middle of the road. With a 'Gentleman's Agreement', the West Cliff House Owners' Association takes responsibility on assumption that the standard annual subscription is honoured.
Excerpts from the upper estate covenant
Covering Brit View Road and (upper) West Walk from junction of Brit View Road.
The responsibility for infrastructure was with the T A Fisher Group (Reading) until 2011, when they relinquished all rights. The West Cliff House Owners' Association is now responsible for maintaining all roads, pavements, verges and surface water sewers.
Note that the above are excerpts and should not be relied upon as legally binding statements.