Solicitor Negligence? Nobody told me they were going to build a bridge...

kafkaesque_2 · 6 March 2009 at 2:03PM

I am going to seek legal advice, but thought I'd see what the chaps here thought about the situation.

So I bought a house September last year, in a quiet residential area. I specifically moved from a noisy inner city street to a small suburb of Edinburgh, with green field views from my window.

Now I was very happy with my purchase until I discovered that I have moved opposite the location of the new Forth road bridge. Now apparently everybody in the local area is/was aware that a bridge was likely to be built on that land, and here is my gripe. Had I been informed that the whole area was going to undergo major development (think building site for 6, 7 years) then I would never have bought the house. It is not a case of NIMBY, I honestly feel that I have been conned into purchasing a lovely quiet house, which in two years time will not exist anymore.

The fact that there are TWO bridges in the area admittedly threw me. I wouldn't imagine someone moving to San Francisco would expect another bridge to be built. Nor would I expect that someone moving in view of the Humber bridge, would expect another bridge to be built. Stupid me, I thought two would be enough for any location.

Does anyone think that I have some kind of claim against the estate agent, or surveyor, for not telling me that a huge bridge is being built and that the views and quiet nature of the area is not going to last even for a couple of years.

Or is the seller rubbing their hands with glee that they managed to get someone stupid to buy their house...

poppysarah · 6 March 2009 at 2:06PM

Your house won't exist in two years? Has it a CPO on it?

kafkaesque_2 · 6 March 2009 at 2:07PM

My house WILL exist. It will be overshadowed by a huge bridge. Which they have yet to build (so noise/building construction over many years).

nobblyned · 6 March 2009 at 2:10PM

This not come up in the searches that your solicitor did?

lynzpower · 6 March 2009 at 2:10PM

Its your solicitor who should ahve made you aware really, not the EA.

If youd have specifically asked the EA "is there any plans for this area" or "is there a bridge going to be built here" and they explicitly lied to you, then yes, you may have a case.

However, your sol should be doing the due dilligence and for examople checking out what is going to be built in the area surrounding your house. Did they not mention anything at all?

nobblyned · 6 March 2009 at 2:12PM

Oh and of course the estate agent can't be negligent to you, as you were not his client.

lynzpower · 6 March 2009 at 2:13PM

nobblyned wrote: »

Oh and of course the estate agent can't be negligent to you, as you were not his client.

No but thereis the issue of the Property Misdescriptions Act, that they have to abide by.

Kazza62 · 6 March 2009 at 2:15PM

Your Local Authority Search would have revealed any planning documentation that would have been deposited with the the local Council offices. Contact your solicitor to see what exactly was revealed by this search.

kafkaesque_2 · 6 March 2009 at 2:15PM

Thanks for the replies. First off, NOBODY told me about a bridge. Like I said, it didn't even enter my mind that ANOTHER bridge would be built, since there are TWO already.

Had anybody (the seller, solicitor, friends, relatives...) anybody told me, I would just have moved somewhere else. There are plenty of non-bridge locations which are quiet and residential (and that for me was the most important thing). I moved from the inner-city (very, very noisy - funnily enough opposite building sites and strip joints) to a nice quiet street. So it was the quietness which was most important.

So, just to reiterate, nobody told me anything about the bridge, despite it being common knowledge (I am not Scottish, and was not aware of it).

lynzpower · 6 March 2009 at 2:17PM

The its likely that you have a case against your solicitor.

Have you gopt the pack with you? the pack should have all the issues in it and searches, for example, water and draininage, transport etc.

silvercar · 6 March 2009 at 2:17PM

I think you need to tackle your solicitor. He must have done local searches, did they show up any development? He should have warned you and made sure you went into this with your eyes open. It is up to you to investigate before buying, your solicitor is there to inform and guide you. The estate agent acts for the seller.