Compulsory Purchase Orders...any help?

cr1mson

My experience is from 20 years ago or so and indirect. Basically there was little room for negotiation and costs are based on actual costs rather than any compensation for emotional distress or upheaval. My friend's family lost a home and land that had been in the family for generations. It also meant that the farm become too small to be effective so they had to sell that land too.

C

bris

There is no assumptions, most of the advice you have been given is correct. I think you are under the assumption that you will get to negotiate your own deal. It is a CPO and you will have very little say in the price you receive for your property. There are other costs you can claim.
Compensation rights usually include the value of the property, costs of acquiring and moving to a new property, and sometimes additional payments. Costs of professional advice regarding compensation are usually reimbursed by the Authority, so that people affected by a compulsory purchase order can seek advice from a solicitor and a surveyor and expect to be reimbursed.

Johnhowell

MrsWack,
I have not been directly involved in a CPO process, but have seen it from the side lines. As mentioned before the promoting authority - M5 = Highways Agency - with be in consultation with each of the affected land owners and will pay reasonable costs of providing an agent to represent and advise you of the process. Their agent may recommend an agent or you could research local land agents - get someone experienced in highway CPO.

The process is not quick. A public inquiry will be required (sometimes two are necessary) for HM Inpector to advise the Secretary of State. The Secretary of State will then issue the Orders (Compulsory Purchase and sometimes Side Roads). Also, not a quick process.

As with any highway scheme - environmental issues will have to be considered - and any mitigation measure will also take time - sometimes two "seasons" dependant on the species affected. Thus will allow for more discussion time.

As others have stated the CPO will not allow for betterment - however, do listen to your land agent as they are aware of the costs allowable against the CPO - and should fight your corner.

Edited to add - if the CPO takes so much of your property that the remanent is "too" small to be practicable in its function - the HA could be forced to purchase to entire plot.

I hope this helps.
Good luck,
John

dodger1

g_attrill wrote: »

Houses next to motorways are worth significantly less. I worked in an office at the bottom of a motorway embankment and the noise was incredible (although inside with d/g windows it was fine). At the higher end of house values I can imagine it would take off more value than cheaper houses.

As they say, location, location, location, and I expect mrswack is comparing lovely houses in the countryside which purely by their location (in the countryside) would be worth much more than a similarly lovely house right by the M5 which would instantly put off people looking for a lovely house in the countryside.

I understand that perfectly but it seems OP doesn't. The value of a property is the house, the land and the location. OP doesn't seem to get that having the same house and land placed in a nicer area has a significant impact on it's value or actually OP probably does but thinks it's very unfair in this situation.

Unfortunately the law doesn't allow for betterment and a nicer location is betterment. I actually agree with OP that it's unfair and I think some kind of betterment should be allowed when you are forcibly removed from your own home but that wont happen without some change in law. The only option here is to try and find a similar property in a similar location.

mrswack

dodger1 wrote: »

I understand that perfectly but it seems OP doesn't. The value of a property is the house, the land and the location. OP doesn't seem to get that having the same house and land placed in a nicer area has a significant impact on it's value or actually OP probably does but thinks it's very unfair in this situation.

Unfortunately the law doesn't allow for betterment and a nicer location is betterment. I actually agree with OP that it's unfair and I think some kind of betterment should be allowed when you are forcibly removed from your own home but that wont happen without some change in law. The only option here is to try and find a similar property in a similar location.

Oh for goodness sake!!! Get a grip! Like stated on numerous occassions I of course understand this, what I am struggling to understand is why I have to be expected to move to a cheaper part of the country or downsize...in other words be at a disadvantage, there is no allowance for betterment but what about the opposite?

Build me my house a mile down the m5....whatever...I can't move to a better area UNDERSTOOD. But on the otherhand how can it be our lives will be worse off? This is what you seem to be misunderstanding, along with everyone else, bar the last few very helpful comments!

dodger1

mrswack wrote: »

Oh for goodness sake!!! Get a grip! Like stated on numerous occassions I of course understand this, what I am struggling to understand is why I have to be expected to move to a cheaper part of the country or downsize...in other words be at a disadvantage, there is no allowance for betterment but what about the opposite?

Build me my house a mile down the m5....whatever...I can't move to a better area UNDERSTOOD. But on the otherhand how can it be our lives will be worse off? This is what you seem to be misunderstanding, along with everyone else, bar the last few very helpful comments!

You are the one needing to get a grip and face the horrible facts, none of us are misunderstanding anything, we are just seeing the obvious. You are not going to get more than the market price, everyone is telling you this, you have to face this, you are correct there is no allowance for betterment and this is also no allowance for any disadvantage.

Your only choice if you want to have the same type of house and garden is find one in a grotty area or downsize in a nice area. It's unfair but life is unfair and the sooner you accept this the sooner you can move on. If you think you can beat the authorities then try but you will lose and then feel even worse than you do already. I feel for anyone in your predicament but my empathy or anyone elses wont change anything. Life is too short, move on.

TighterThanTwoCoatsOfPain

You've been given factual answers from the first post, but it seems its not what you want to hear.

Not a single person suggested it was 'fair', and most people probably felt sorry for you until you started running your mouth at everyone - I'm suprised anyone has bothered to help you at all with your attitude to be honest.

mrswack

TighterThanTwoCoatsOfPain wrote: »

You've been given factual answers from the first post, but it seems its not what you want to hear.

Not a single person suggested it was 'fair', and most people probably felt sorry for you until you started running your mouth at everyone - I'm suprised anyone has bothered to help you at all with your attitude to be honest.[/

Blah blah blah..another useless big nosed plonker!

JQ.

OP, the advice you have been given here is quite correct.

The other thing you might want to investigate is that your property is now "blighted" by the reports in the local papers, which now means you property is worth considerably less than it was before and is possibly unmarketable.

mrswack

JQ. wrote: »

OP, the advice you have been given here is quite correct.

The other thing you might want to investigate is that your property is now "blighted" by the reports in the local papers, which now means you property is worth considerably less than it was before and is possibly unmarketable.

Would you think getting valuations now might be useful? I know it's been in the local papers but I'm thinking some EA's may value as normal as it's all recent?