Section 278 Agreement Local Land Charge

“A motorway authority may, if it is satisfied that it is beneficial to the public, enter into an agreement with any person – with regard to Agreements under Section 278, which often contain financial agreements, if only you need to know whether the road on which the land is located is publicly maintained and whether an affirmative/no answer is sufficient, this information is provided free of charge. Requests for this information must be submitted via our electronic form. We strive to answer these questions within 10 business days. § 38 The agreements provide for the construction of roads on private land. At some point in the future (usually 12 months after practical completion), the Highway Authority (HA) will take over these roads. As a rule, only the top layer is transferred to the HA, i.e. the dedication as opposed to the transfer of ownership. If you ask us to present a plan showing the extension of the motorway or if you would like us to draw up a plan which you provide, a fee of £32.44 (VAT included) will be charged. It is a single road or a crossroads. If, in addition to con29R or CON29O information, a plan showing the expansion of the motorway is required, a tax of £55.94 (VAT included) must be paid for a single road or junction.

Please note that agreements concluded under Article 38 are not binding on the country. See practice note: Due Diligence Planning Checklist – Section 278 Agreements and Section 38 Agreements. The document is drafted by the Local Highway Authority`s lawyer and delivered to the developer`s lawyer in design form. The details of the agreement will then be agreed before the final document is finalized and signed by both parties before work begins on site. A highway search may be necessary if you are buying or selling a home or other country to identify the extent of the public highway and any road proposals that may affect the value of the property. These include information such as whether a road is publicly accepted, details about the extension of a public road, details about motorway proposals/plans, and details about private roads. . .

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