Land Compensation Act 1973 - how to make a claim?

Parm

Hi all, hoping to get some advice in regards to the Land Compensation Act of 1973.

It's not an act I was familiar with, but I've recently had a few agencies write to me suggesting that I could be entitled to compensation from the highway authority for "the reduction in value of your property as a result of noise, dust, pollution etc caused by publich traffic using a new road".

It makes sense, and it sounds good on paper. I purchased my new-build property a few years back, and when I did it faced a single-lane road. Since then, the road has been expanded into a dual carriageway with a very big crossroads directly opposite me. Traffic lights have been added and it's now a very busy junction. I'm certain my property's value would have decreased as a result - I've got a valuation booked with an estate agent next week.

Anyway, cutting to the chase. The agents claim to be running a "no win no fee" scheme, where I don't pay if no compensation is paid. If the claim is successful, I will be charged 10 per cent of the claim.

Questions:

1) Is there a way I can check whether or not these agencies are legitimate?

2) Is a 10 per cent fee the norm? And are such fees negotiable?

3) I've had a look on the highways agency website and it seems I could submit a claim myself, details here: http://www.highways.gov.uk/roads/2798.aspx
What would be the benefit of appointing an agent? Would the agency be more likely to claim better compensation?

If anybody has made a claim using the land compensation act, your thoughts, experiences and advice would be very much appreciated.

Thanks in advance.

PasturesNew

I'd expect that these people phone everybody and there will be no claim in the end. When did you buy the new build? When did the work on the roads get authorised? What searches did you do when you bought the flat?

When you see how the whole of Britain's changed over the past 30-40 years, it'd mean most people would have a 'claim' for something or other if this were likely to be possible.

ManAtHome

This will be worth a read http://www.highways.gov.uk/roads/28533.aspx

tbs624

As PN suggests, these agencies will target specific areas and they are the equivalent of ambulance chasers

However,for these sort of cases the Local Auths use the big boys so clearly the benefit of you employing someone else to take on your case is to counteract gaps in your own knowledge and allow for any intimidation factor. The agents do quite well because if your case is won then most of their costs are usually awarded, so the 10% from your potential compensation is in addition AFIAA.

The earliest a case can be be commenced is a year and one day after the road in question opens for public use.You don't give actual dates though and may be out of time under the Limitation Act 1980

You would have to be able to show that the reduction in the value of your property is entirely down to the noise and fumes etc

bris

Of course before they can take on your case you need to pay them gazilions in up front fees.....

real1314

bris wrote: »

Of course before they can take on your case you need to pay them gazilions in up front fees.....

Not actually true. I had experience of this some years ago. A major new road was constructed reasonably close to my property, I put in a claim through one of these "ambulance chasers" and ended up with a significant payment to compensate the loss of value.

I cannot vouch for any firm in particular and can't recall who I used, but it's not always a scam.

Parm

Thanks for all the feedback! Clearly some mixed responses, but real1314's comment has suggested it isn't always a scam.

I think I'll pursue a claim, and I'll keep you posted on my progress in case anybody else is in a similar situation.

societys_child

SEAAD:
Joins up to make 2 posts about a Cardiff company. Then logs off . . .

Is that :spam: I smell?

Dal_Whinnie

Just wondering whether OP had had any success.

Claims have to be submitted within 6 years of work being completed.

From experience, if several properties are affected it is better for those to work together otherwise, once one person settles then that fixes the benchmark for everyone else.