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Have We Been Misled?
folly
Posts: 51 Forumite
Hi
Any advice please,
In 2004 we bought a house, the house is along a single track lane , isolated but quite close to our neighbour, before purchase we asked about the neighbour and it turns out to be the vendors son. We also asked regarding the number of vehicles in the drive and the vendor said it was his hobby. Subsequent land searches revealed the neighbours house had an agricultural occupancy condition.
After a few weeks we began to suspect this hobby was actually a business,with subsequent noise, fumes and traffic. When we applied for planning consent for an extension the council picked up on the business activities and investigated.
The neighbour has now applied for business consent under the 10 year rule to run a car repair workshop, and it turns out the agricultural occ. condition was lifted in 2001 meaning our searches were inaccurate.
Were we misled? surly the vendor lied to us and in his sellers declaration, and the council failed to do a thourough search not picking up the change of use.
where do we stand? apologies for essay
thanks in advance
Any advice please,
In 2004 we bought a house, the house is along a single track lane , isolated but quite close to our neighbour, before purchase we asked about the neighbour and it turns out to be the vendors son. We also asked regarding the number of vehicles in the drive and the vendor said it was his hobby. Subsequent land searches revealed the neighbours house had an agricultural occupancy condition.
After a few weeks we began to suspect this hobby was actually a business,with subsequent noise, fumes and traffic. When we applied for planning consent for an extension the council picked up on the business activities and investigated.
The neighbour has now applied for business consent under the 10 year rule to run a car repair workshop, and it turns out the agricultural occ. condition was lifted in 2001 meaning our searches were inaccurate.
Were we misled? surly the vendor lied to us and in his sellers declaration, and the council failed to do a thourough search not picking up the change of use.
where do we stand? apologies for essay
thanks in advance
0
Comments
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I think you need legal advice possibly from the solicitor you used to prurchase the property. On the face of it you may have an action for negligence against the council and one for misrepresentation by the vendor. Both need consideration and investigation by a lawyer not a chat forum of well meaning but unqualified posters, myself included. One thing though is what damage have you suffered? Civil law is about awarding damages to right whatever wrong you've suffered, so if the council was negligent and if the vendor lied in writing what quantifiable damage have they caused you? If your property is de-valued for resale or your quality of life suffers you may be able to get redress but otherwise it could be an expensive and time consuming exercise without much recompense.
HTH.0 -
We moved to a rural area for peace and quiet not for the constant noise of grinders and welders, the congestion outside our neighbours property causes problems for passing traffic, its only a single track lane. The paint fumes when they are spraying mean I can't let my toddler play in the garden.
The house is a on going renovation so we have spent quite a bit and I'm sure this will affect the value.0
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