Following the success of the Marriot case in late 2015 where the burdens were declared invalid due to lack of certainty (i.e. not sufficiently complete or detailed to show what land was being paid far), other home owners on that development applied to RoS (keeper of the land register) and had their burdens removed as well. They no longer had to pay a charge, but Greenbelt still owned the open spaces. At first they refused to maintain it, but the land has to be maintained because of the planning agreements with the council. Then they started selling off parcels of land to unsuspecting small developers who hope to build one or two houses there.
The next stage involved many Scottish home owners on other estates managed by Greenbelt also applying to have their burdens removed, initially with success, but recently RoS appears to have responded to industry pressure and is refusing to use the Marriot case as a precedent.
RoS now expect home owners to reach agreement with Greenbelt (pigs might fly!) or each take a case to the Lands Tribunal.
This turn of events is disappointing, but predictable – the establishment will fight back. Home owners know the more resistance they encounter, the more seriously their campaign is being taken. There are plans to organise a group action in response to the RoS stance on this. More details will be posted as things develop.
Hi I too have had the exact same rely as above from the ros so will be watching for any info regarding challenging their decision still have no plans to pay green belt after 8 years, angry as as per Marriott case my deeds do not show benifited land either so legally as per 4 corners rule ros should remove burdens but clearly corrupt government organisation in green belts back pocket
I have had the exact same letter even though my deeds do not detail the benefited land and hence four corners etc. The question is why/how have 6 estates managed to find success from this approach; is it simply that this may turn into a huge problem for councils, land maintenance companies, RoS and all others involved. So solution for them is to fob people of with this letter. Not happy.