Council House buy back with a difference...Help my nan please!!!

Charmed0ne

My grandparents bought their council property approx 48 years ago from the council with a loan from the council. All fine until a three years ago when following my grandfathers death my gran wanted to sell the property to move into a manageable flat, the house sold however it fell through when the buyers mortgage company would not loan money on the property because the survey had found there was a mineshaft in her front garden..... However on the original survey and deeds etc from 48 years previous there is no mention of a mine and all appeared clear... Now my Nan is 82 and needing to move into residential living, so we need to sell property, but we will just have the same problems... My question to all if you can help. Should the council buy back the property at market value? We have everything from the sale from 48 years previous and the newer survey also.

All help would be greatly appreciated, I just need to know where to start, to help my dear Nan.

Running_Horse

If the property was bought/sold willingly with all available information 48 years ago, then what makes you think someone is going to reverse that decision? When you say market value, is that with or without the mineshaft?

elsien

Where abouts is the property, and what is the problem with the mineshaft? Is it causing problems, or is it just because it is there?

I have relatives who live in Stoke in an area riddled with old mineworks. Whenever they've had problems with subsidence due to this, the coal board (as was) have taken responsibility for the repairs. Perhaps that should be your first port of call, to check if the records show if it was one of theirs or a private shaft, and whether other houses in the area have had problems, and if so who dealt with it. They were called the National Coal Board, not sure who's taken on the responsibility since they were privatised though.
If you can get some answers on that front, it might make things a bit clearer. The council may not have known at the time - I know in my aunts area old mineworks aren't always on record.

cattie

The only option for a sale might well be going to auction or renting the property out. There is no onus on the council to buy back the property.

Did your grandparents actually commision a full structural survey when they bought the property? Many people taking advantage of a cheap council place via right to buy often just have the valuation survey on behalf of the lender to save costs & don't bother paying out for a structural survey.

Charmed0ne

The property I in the Walsall, West mids area. The mine has never caused any problems, but the sale did not go through because of it just it being there within so many metres of the house...please forgive my ignorance never sold a property before.. The sellers Mortgage company would not give a mortgage on the property, we had it valued at 90k before a survey, I do not want my Nan's property to be Worthless, when she really needs a sale to move for her health and wellbeing because the council at or may not have known about the mineshaft when property was bought all those years ago.

McKneff

Easiest way, to be honest is just rent it out. And use the funds to help with her care.

Or find a cash buyer who doesnt mind about the mine shaft.

She has no recourse with the council.

xylophone

http://news.bbc.co.uk/1/hi/england/1923979.stm

Do you have any recourse to the "Coal Authority"? Can the shaft be infilled as described?

Gingernutty

I'm sorry to tell you, OP, but your Gran's house is unmortgageable.

I had my eye on a house in Bilston, had spent close to £1000 in fees, was close to completing when the final mine survey came in. There was a mineshaft, not on the official British Coal Mines Survey Map about three doors down from 'my' house. The mortgage company withdrew their offer and my mortgage broker told me after trying for a week, there was no way I'd get another one. I was gutted.

It later sold to a cash buyer for about 75% of the previous asking price (£45,000 instead of £60,000). The mineshaft in your Gran's garden has probably blighted every house for a 500yd radius - maybe even beyond.

Your Gran has three options - sell through an estate agent for far less than a 'normal' house is worth (but at least you've got cash), sell via an auction for even less money (but at least it's cash in your hand) or rent it out.

The council are under no obligation to buy it back. Looks like you're saddled with it.

notts_phil

If this is the case how are you able to get new estates built on old colliery sites? One beung in Mansfield woodhouse built on the site of the site if the former sherwood colliery with the shafts being filled in etc but were 799 metres deep?

Werdnal

notts_phil wrote: »

If this is the case how are you able to get new estates built on old colliery sites? One beung in Mansfield woodhouse built on the site of the site if the former sherwood colliery with the shafts being filled in etc but were 799 metres deep?

Because shafts filled using modern techniques are considered safe to build near. The OP's situation is different because shafts filled years ago were basically bodged - usually large baulks of timber were thrown down until enough snagged across the shaft to form a platform, and rubble, sub-soil and any other rubbish they could lay their hands on, was chucked in on top until it was level with the surrounding land. Over time, these timbers rot, sink and the shaft opens up again.

My hubby worked on a construction site a few years ago (Cornwall), where there were several open shafts. They had specialist Mine engineers in, to cap them with re-inforced steel and concrete. They are certificated as safe, and although the houses could not be built directly over them, there were several in gardens, under access roads and one in the centre of the children's playground installed by the developers!

I can see why mortgage lenders would not consider anything with a shaft that is not professionally capped - although rare, this is what can happen:

http://www.cornwallconsultants.co.uk/shaft-collapse-gunnislake.html

phill99

A tenet of law in House Purchase in the UK is 'Caveat Emptor' or 'Buyer Beware'. So it is up to the purchaser to satisfy themselves of the condtion of the property, the tenure, the title and surrounding land uses.

Therefore, previous owners can't be held liable if your nan's solicitor failed to undertake appropriate searches etc. Even if searches were carried out, but the mine wasn't known about, then there is still nothng a previous owner could have done about it.

Unfortunately, the council have no liability towards the house.