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

MMLS

10 years ago my parents bought a house adjoining a large plot of 'scrubland'. They bought the house specifically because it wasn't overlooked and had views of the Bristol channel. Two years later building work on 30 housing association properties began. Although it was generally known in the village and all the houses adjoining this land had recieved notice from the council a few years before the sale, nothing - according to the solicitor - showed up in the search. My parents enlisted another solicitor to see if they had any form of redress against the original solicitor and after a very long wait, they did recieve compensation of approx £15k. It was proved that the original solicitor did not carry out an adequate search.

I've cut a long story short of course but I would just say that an appointment with a solicitor can't hurt and might benefit.

Debt_Free_Chick

kafkaesque wrote: »

As it happens, I don't really care about the bridge. There are debates on both sides about whether it is needed, or cost effective etc. I am just furious that I wanted to live somewhere quiet and residential, and that I will soon be living opposite a major building project that will be ongoing for many years.

To be fair, you can never buy any property and be sure that you won't ever be living opposite/near a major building project. If this is your only gripe then consider this .... it won't be a building site, permanently.

I'm not suggesting you don't pursue this, but think carefully. If your only concern is the building aspect, then that will be temporary.

Richard_Webster

It could be that the solicitors were negligent - I don't know - I am not a Scottish Solicitor.

I think we have to be careful that we don't assume that the process is the same in Scotland as in England & Wales. Some of the posters on this thread are familiar and I doubt if they are Scots. This is why I have suggested in the past that we have specifically separate boards for the various UK legal jurisdictions so that any advice given can come from those with specific experience or knowledge that is relevant.

Are there any Scottish solicitors out there who can comment?

GDB2222

I have always thought that these local searches are pretty futile. The big motorway, railway, or bridge that is still at an early stage of being 'thought about' won't show up at all. The search covers a very, very limited area. So, you won't hear if a new factory estate is being planned half a mile away with all the traffic going down your lane - although it may tell you that there is a plan to widen the road.

kafkaesque_2

"FAMILIES living next to the new Forth road bridge have been told they can apply to have their homes bought by the Scottish Government. Residents of South Queensferry had feared having to wait until 2018 before being able to claim compensation for the noise and pollution caused by the £2 billion project.

But now transport bosses have said homeowners whose properties are directly affected can issue a "blight notice", which can lead to the Scottish Government buying their property.

People living close to where the new crossing will be built say the value of their properties has already been hit by the bridge proposals. And they face five-and-a-half years of disruption once construction work starts in 2011.

Alan Doig, whose home in Clufflat, South Queensferry, is just 150 yards from where the bridge is to be built, said a neighbour's house had being lying empty for over a year after failing to sell.

He said: "My property is worth nothing now. I couldn't sell it even if I wanted to. Transport Scotland have been very blas! about the whole thing."

Full piece here

Anyway, yet again, it isn't so much about the bridge being built, it's the fact that not having even been in the house a year, everybody except me knew about the development, seemingly for quite some time. There are actually not that many houses that are going to be affected by the development, but mine is surely one of them.

And it is not just the bridge which is going to cause disruption. They are adding a dual carriageway not far from the house, which is presumbaly going to be carrying most of the heavy traffic into Edinburgh. It is not a short-term disruption, but they are changing the whole area.

Anyway, seems the best I might hope for is a blight notice. Fingers crossed eh?

p00hsticks

kafkaesque wrote: »

it really is me who is paying for it.

If everyone other than yourself knew about this bridge being built at the time your bought it, then presumably that would have been factored into the asking price - so I don't see that it's cost you financially

Willsnarf1983

p00hsticks wrote: »

If everyone other than yourself knew about this bridge being built at the time your bought it, then presumably that would have been factored into the asking price - so I don't see that it's cost you financially

thats what i would have said, if it was well known then the house price would have reflected it so if ur that bothered sell it on and lose the few k solitors fees etc

Will

GDB2222

p00hsticks wrote: »

If everyone other than yourself knew about this bridge being built at the time your bought it, then presumably that would have been factored into the asking price - so I don't see that it's cost you financially

It should have been factored ......

SouthCoast

once construction work starts in 2011.

If Scotland goes bankrupt, will building actually start?

besonders1

I have heard somewhere that you can claim compensation from the council even if your home is not demolished but the selling value is affected by the development. If it did not show up in a search and you still have the documents then I would contact the council and a solicitor just to see where you stand and make sure that you don't give up easily.