Interesting story about a buyer sueing a vendor over PP for next door

vet8

There was an interesting story in today's Telegraph, about a couple who bought this really fancy house in the country with a little farm track next to it. Unbeknown to them the owners of that track had PP to convert it into a road serving their farm and now horseriders, dog walkers and tractors use that road.

The buyers have taken the vendors to court saying that they should have told them about the application to improve this track.

I would have thought their argument would be with their own solicitors, who should surely have seen this PP when they did their searches or maybe the HIP firm.

This always amazes me, when you get this form asking if there are any plans to develop houses etc. in the area of the house you are selling. You may genuinely not know, you might have missed the letter from the council if they even sent one, some areas do not. In any case you are an amateur. Surely the buyer pays the solicitor to carry out these searches.

I await the outcome of the case with interest. I think if the buyers win it means that anyone selling in the future will have to carefully search all the planning applications in their area and make sure they have not missed any, or they could be sued if 3 years later someone builds an extension they did not mention.

I think this is a very dodgy area, what do others think?

clutton_2

CAVEAT EMPTOR means - buyer beware... not a hope that a purchaser will successfully sue this vendor.....

Bananamana

presumably there was some form of misrepresentation on the vendors part in the paperwork. Otherwise there isn't a claim.

Also the local search wouldnt usually reveal entries on other properties.

vet8

Bananamana wrote: »

presumably there was some form of misrepresentation on the vendors part in the paperwork. Otherwise there isn't a claim.

Also the local search wouldnt usually reveal entries on other properties.

Sorry I do not understand your second point. Does not the search look at other nearby properties for info. on planning applications etc.? I thought that was one of the points of the search.

Riq

So where is the interesting story you promised?

Doozergirl

vet8 wrote: »

Sorry I do not understand your second point. Does not the search look at other nearby properties for info. on planning applications etc.? I thought that was one of the points of the search.

Usual search is for your land only.

Evilm

vet8 wrote: »

Sorry I do not understand your second point. Does not the search look at other nearby properties for info. on planning applications etc.? I thought that was one of the points of the search.

No, the local search only covers your property. It does not look at the neighbours or development plans in the area.

princeofpounds

They do have a good chance if the vendors were found to have lied. It is caveat emptor but that doesn't permit misrepresentation if the right questions are asked.

Presumably their SPIF was a deception (although it could always be a frivolous suit, we just don't know).

redlady_1

Bloody hell, I didnt know that about searches. I too, thought it searched land close by. Is there a search that can be done to include your neighbours?

MarieAAP

redlady_1 wrote: »

Bloody hell, I didnt know that about searches. I too, thought it searched land close by. Is there a search that can be done to include your neighbours?

Bump, I would like to know the answer too...

gnimia

MarieAAP wrote: »

Bump, I would like to know the answer too...

the local council planning portal may have the answer - where I am buying, hammersmith and fulham, you are able to seach online for applications, enforcements and appeals within various radii (!) of a certain property - not sure how accurate it is, and suppose stuff can be missed, but its a start!