Brooklands Shared Open Spaces - Privately owned and managed land.

Many residents on Brooklands, particularly those who rent their homes, find it difficult to understand how and why Brooklands deed restrictions apply to them.

The dominant ‘condition’ of every deed - including that of Brooklands - is that when the initial purchaser sells or sub-lets their property, any subsequent sale transfer or tenancy agreement bestows the exact same obligations and conditions on any sub-tenant or subsequent purchaser as those that were contracted within first deed signed between the developer and purchaser.

Therefore, all residents on our estate are legally obliged to adhere to every condition and restriction that appears within the Brooklands deed of lease. You will have the same rights as specified in the original deed too.

The Brooklands deed was established at the point of planning submission and was agreed between Miller Homes, WLDC, LCC and the NHBC. By agreeing to provide at least one allocated off-road parking space and ensuring the 243 property owners must pay in perpetuity for the upkeep & repairs of the member-owned shared open spaces, remaining liable for any unexpected damages thereon, council planning approval was given and Miller Homes was allowed to fit as many homes they possibly could on our narrow estate roads and small plots of land.

Miller Homes originally owned all Brooklands land via a holding company that would transact each sale transfer via a deed of lease. Brooklands (Gainsborough) Management Company Limited was incorporated in June 2008, registered number 06622100. Initially Miller Homes retained ownership of the land beneath our homes (Head leaseholder) and they also owned the roads and footpaths. As each phase of Brooklands was completed, Miller's sold the head lease to three land investment companies under the management of HomeGround.

Brooklands roads and footpaths, including street lighting, was planned in line with S.38 and S.33 of the highways acts, with specifications to include paved dropped kerb zones, pedestrian only footpaths, street lighting and street tree planting areas behind protective bollards. The initial Highways deed was signed in 2009 between Miller Homes, Lincolnshire County Council and the NHBC. In June 2021 LCC officially adopted our streets and streetlighting after a survey to ensure their stringent specifications under these agreements had been meet.

By this time, Miller Homes via their Brooklands (Gainsborough) Management Company Ltd, had retained registered direct ownership of the shared open spaces land only. The development was complete so Miller Homes were legally obliged to resign their directors and transfer ownership of the open space land to Brooklands, to be managed by duly appointed resident directors with

each of the 243 owners holding one member share of the Brooklands (Gainsborough) Management Company Ltd. The Brooklands Directors are bound by the Articles of Association to enforce the covenants (restrictions) of the Brooklands deed of lease signed by each member owner at the time of purchase.

Privately Owned

Brooklands (Gainsborough) Management Company Limited is private limited company and it owns the freehold land title of our three greens and play area, referred to as our "shared open spaces".. The directors also manage three residential blocks of flats on Brooklands. Duties include ensuring the company holds public liability insurance for the shared open spaces and that annual health and safety checks are performed and certificated. The directors also ensure the residential blocks are regularly valued and insured, that the common areas are cleaned and maintained including the surrounding gardens and bin stores for each block. They also appoint a managing agent to collect and disburse our service charge fees.

If you are a tenant of a Brooklands property and would like to know more about our deed's rights and restrictions, please request a copy from your landlord via your letting agent. It is a lengthy document, so from time to time, we publish useful clauses here on our website's membership area.

Please remember that our small Brooklands greens have private homes directly opening onto them. These areas are not council owned public spaces, they are private land that is restricted to pedestrian use only. Signs are clearly visible on each green explaining the restrictions. Brooklands property owners pay thousands each year for maintenance of the development, CCTV operation and also liability insurance.

Should your children want to kick a football about, please take them to the public grounds between our estate's northern boundary and St. George's school.

Please lead by example and teach your children to be respectful, to put litter in the bins provided, walk dogs on a lead and to be polite to other residents and respectful of their property. Keep your bins out of site other than on bin day, and keep your front garden managed and tidy,

Parking

Take care where you park your car and never park even two wheels up on our footpaths - they are not constructed for vehicle load and if your car is on the footpath you may be forcing residents, children, pushchairs and anyone with mobility issues, to walk on the road. Do not park in anywhere that could obstruct emergency vehicle access. Beware that our deed restricts certain vehicles from parking on our estate roads. Do not park on corners, behind bollards and on paved drop kerb zones. Drive slowly.

Please keep in mind at all times the following deed covenant and be a thoughtful neighbour:

Thank you.

Striving to enhance the lives of our residents