Taking legal action against property developer

Gorideb4

da_rule wrote: »

The developer would only really be liable if they actively mislead you (i.e. lied in answer to a question). Not telling you something or refusing to answer a question which may prejudice the sale is not misleading you. It is the job of your conveyancer to check these things and report any potential issues to you and for you to then decide how you want to proceed. The conveyancer has a duty towards you as their client, the developer does not.


It is worth checking through everything you have been sent. Did you make copies of documents that you were asked to sign and return as the relevant information may be on these? Also, has been said, a road at the back of shop with an access right to that shop would be relatively standard so may not have raised any alarms. To be honest, I was more surprised at the start of this post where you seemed to be suggesting that there was no right reserved for the shop.

I have checked back at all the coveyancing documents provided, none give details of the shops legal right of way to the road.

exiled_red

You mentioned that in the deeds it states that the shops deliveries are made via the forecourt, have you spoken to the owner as to why the circumstances have changed?

moneyistooshorttomention

Ooh...I certainly wouldnt "throw in the towel" if I were you.

It sounds solveable to me from what you say. What have you got to lose by paying out for one solicitor letter to the garage telling them to "behave themselves" and reminding them of the facts of life on this? Worst case analysis - dear solicitor and yourself the only one paying and it shouldn't cost more than £200 and take a few hours out of your Life to deal with. Lot more money/hassle involved to swop houses - and you would have to tell potential buyers about this issue if you don't solve it....

Cakeguts

If the shops were there before the houses were built how were the shops granted access over a new road?

Gorideb4

exiled_red wrote: »

You mentioned that in the deeds it states that the shops deliveries are made via the forecourt, have you spoken to the owner as to why the circumstances have changed?

When the land was split, the shop was sold as one entity and the land was sold to a developer to build the houses. It was at this stage an addition was to the shopkeepers deeds to allow the access along the private road. I was not shown this during the the property purchase.

Gorideb4

moneyistooshorttomention wrote: »

Ooh...I certainly wouldnt "throw in the towel" if I were you.

It sounds solveable to me from what you say. What have you got to lose by paying out for one solicitor letter to the garage telling them to "behave themselves" and reminding them of the facts of life on this? Worst case analysis - dear solicitor and yourself the only one paying and it shouldn't cost more than £200 and take a few hours out of your Life to deal with. Lot more money/hassle involved to swop houses - and you would have to tell potential buyers about this issue if you don't solve it....

Will try this route before bowing out. Even if we don't stay it is in my interest to resolve (as well as the the interest of the other neighbours).

davidmcn

Gorideb4 wrote: »

When the land was split, the shop was sold as one entity and the land was sold to a developer to build the houses. It was at this stage an addition was to the shopkeepers deeds to allow the access along the private road. I was not shown this during the the property purchase.

From the deed you quoted, it seems the shop wasn't sold, they just retained rights of access over the road. Like I said above, I doubt that's something unusual enough for your solicitor to have highlighted - it would be reasonable to expect that properties adjacent to the road have rights of access over it.

Gorideb4

davidmcn wrote: »

From the deed you quoted, it seems the shop wasn't sold, they just retained rights of access over the road. Like I said above, I doubt that's something unusual enough for your solicitor to have highlighted - it would be reasonable to expect that properties adjacent to the road have rights of access over it.

The deed I quoted was taken from an addendum on the deeds, this addition is dated around the time when the land was split in two. It also has an up to date site plan with the new housing on. The current owners bought the shop whilst the new houses were being built.

AdrianC

Gorideb4 wrote: »

I have checked back at all the coveyancing documents provided, none give details of the shops legal right of way to the road.

Whether they do or not is irrelevant. The shop is not using the road. The trucks delivering to the shop are. The shop is not telling them to use it.

Gorideb4

AdrianC wrote: »

Whether they do or not is irrelevant. The shop is not using the road. The trucks delivering to the shop are. The shop is not telling them to use it.

Ok take your point. How would you deal with it then?