Three couples lose court case over mooring licence fee

[Alan de Enfield]

They felt the licence fee was 'unfair' and not drafted in plain intelligible language'

 

Three couples lose court case over Burton Waters mooring licence fee - Lincolnshire Live

 

Three couples have lost a court battle over a moorings licence fee at a Lincolnshire development. Charles and Carol Boyd, Michael and Shirly Casey, and Michael and Carol Connell lost a county court battle after failing to pay their licence fee to Burton Waters Moorings Limited, which is attached to the leases of their properties.

The hearing dates were at Lincoln County Court from March 7 to March 9, 2022 and a decision was handed down on June 6, 2022. The claimant, Richard Costall, who was the original architect and developer of Burton Waters, took the six defendants to county court because they had refused to pay their Mooring Licence of their properties.

[Momac]

This refers to properties which have  moorings at the bottom of their gardens which are within the marina.

I believe they have to pay regardless of whether they have a boat on the mooring.

They would have known that when they bought the property.

 

 

 

 

[mrsmelly]

1 hour ago, MartynG said:

This refers to properties which have  moorings at the bottom of their gardens which are within the marina.

I believe they have to pay regardless of whether they have a boat on the mooring.

They would have known that when they bought the property.

 

 

 

 

Or, if they didnt, are damned stoopid not to have found out before purchase. A bit like getting a CART boat licence without a mooring, and complaining that you actualy have to move about.

[David Mack]

1 hour ago, MartynG said:

They would have known that when they bought the property

And the solicitor who acted for them in the purchase should have pointed it out. Its not really any different to a lease payment, service charge or estate charge which is payable whether or not you use the facility it is intended to cover.

[pearley]

Many years ago my dad was considering buying a property at Hythe Marina Village. When he read the lease conditions and found that he had to pay an annual fee for the mooring, even though he never intended to get a boat, and that he couldn't let it out to another boater, he didn't go ahead.

 

Not that my mother would have moved!

[Paul C]

Why would someone buy a house with a back garden joined to a marina's waters, without realising the at the end of the back garden is marina's waters, and that boats moor in marinas, and there might be something a BIT different than the usual back garden with a fence to someone else's back garden or a back passage they could use etc...

[Guest]

If they really didnt know or full understand then they had a very poor solicitor at purchase. Ours went through our deeds with us and highlighted all the restricins we had ref caraxan storage, pets,, livestock and poultry etc etc.line by line.

 

He even higlighted them and gave us a copy. 

 

(He was, many years later also subsequently convicted as a paedophile but he knew his onions when it came to conveyancing).

 

 

Edited July 2, 2022 by The Happy Nomad

[Arthur Marshall]

1 hour ago, The Happy Nomad said:

If they really didnt know or full understand then they had a very poor solicitor at purchase. Ours went through our deeds with us and highlighted all the restricins we had ref caraxan storage, pets,, livestock and poultry etc etc.line by line.

 

He even higlighted them and gave us a copy. 

 

(He was, many years later also subsequently convicted as a paedophile but he knew his onions when it came to conveyancing).

 

 

Ours missed a local right of way that existed plumb through the middle of the garage the previous owner had built, though it would have been possible to access it by walking on top of a wall and scrambling over a hedge. One unpleasant and rather potty neighbour insisted he had the right to walk in and inspect the septic tank that once served his property, which had been filled in in about 1960. I said he was welcome, as long as he came via the garage roof and if he tried to come any other way I'd physically throw him out.

But I think it would have been hard to miss the marina. If I remember rightly, they were largely moaning about the mooring costs being increased when they didn't have boats and weren't allowed to sublet.

[phantom_iv]

The obvious solution to this problem is just to buy a boat.