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

clutton_2

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

i find this odd also. as every property i bought my solicitor sent me copies of planning searches which included planning applications for local developments....

there are 2 separate sets of searches... one anyone can do by going down to the council offices and trawling through various offices and looking at various document for free..

the other type of search the local authority charge for... and you get much much more information


maybe this is where the confusion lies ?

vet8

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?

I agree 100 per cent.

I was sent this form from the solicitors which asked me to say if there were any planning applications for extensions, new roads etc. in the area. I answerd "No" as that is the truth as far as I know, but I may be wrong. I did not investigate it.

I also, wrongly it appears, assumed that the solicitors searches looked at this sort of thing. It seems pretty daft if they do not. Yes, I could look at the local planning website, but how many people do? Since a nearby extension could impact on the value and use of the house surely something as important as that should be covered by the solicitor's searches.

Also, as planning applications are lodged any time does this mean the vendor should be looking at the planning website right up to exchange of contracts. In the above story it might be that the application was lodged after the buyer made an offer.

I still think this whole thing is wrong. What good are the searches if they miss out vital stuff like this?

prudryden

I think I'm missing something. The little farm track was already there. Presumbably, horseriders, dogwalkers and probably tractors already used the track. Are they saying that the above only started using it once it was widened into a larger farm track (road)?

poppysarah

Evilm wrote: »

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

Most councils have their searches online so it's easy to check yourself. Going in to the planning office takes a little more effort.

vet8

prudryden wrote: »

I think I'm missing something. The little farm track was already there. Presumbably, horseriders, dogwalkers and probably tractors already used the track. Are they saying that the above only started using it once it was widened into a larger farm track (road)?

According to the buyers only foxes and deer used the little track!! but now it is a tarmaced road, horseriders etc. use it. It seems pretty stupid to me, it is still only a private farm track, not a public highway. The buyers paid 1.6m for it and they sound like right w****rs.

Soot2006

vet8 wrote: »

According to the buyers only foxes and deer used the little track!! but now it is a tarmaced road, horseriders etc. use it. It seems pretty stupid to me, it is still only a private farm track, not a public highway. The buyers paid 1.6m for it and they sound like right w****rs.

As a horse rider I would say the buyers probably didn't hear the clippety clop on the original dirt track but can hear it echoing off the tarmac ... Riders don't sprout out of nowhere and it's unlikely that the farm waited to tarmac their track to grant permission to riders to cross the land ... so probably a track that's always been used.
As for the tractors - how long have the buyers been there? Did they realise that farms use different types of machinery at different times of the year? hahahaha :rotfl:

Bananamana

2 points to note - most councils have a public access planning record these days where you can search by property.

Also a "plan search" at a cost of around £30 will reveal large developments in the area

magpiecottage

If it is a right of way then it will get used - that is just part of the deal if you live in the countryside, along with the smells, the oilseed rape in the spring and the snow and ice that the council don't clear.

If you don't like it you should live in the town and put up with all the road noise and air and light pollution instead.

dopester

Story

http://www.dailymail.co.uk/news/article-1296511/Couple-sue-owners-1-7m-home-telling-road-built-HOT-TUB.html

chucknorris

dopester wrote: »

Story

http://www.dailymail.co.uk/news/article-1296511/Couple-sue-owners-1-7m-home-telling-road-built-HOT-TUB.html

Well found! I noted from the one of the comments on the article:

Actually to those of you who say the planning apps would have been made available are wrong. Farmers do not need to need to apply for planning permission they are covered under the agriculture ties to their properties they can erect farm buildings, put up fencing, put in roads etc whereever they like if its the benefit of their farm.

Which would make it rather difficult for their solicitor (and obviously the vendor) to be aware well in advance that this road was going to be built. Something to be aware of if buying in a rural area and the house is near to the border with a farm.