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New build and public right of way through the house!

123457»

Comments

  • A more expensive house - or, at the least, refunding their costs to date and compensating them financially for the inconvenience.

    So - oh yes....the developer can compensate them. It's down to whether they have the will to do so.
  • Why does your solicitor believe you should get a better plot for the same price? Why not a plot that was just as good for the same price? Otherwise as long as they hand back any deposit you have paid and let you go on your way, this is just one of the hundreds of house purchases that fall through every day.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Why does your solicitor believe you should get a better plot for the same price? Why not a plot that was just as good for the same price? Otherwise as long as they hand back any deposit you have paid and let you go on your way, this is just one of the hundreds of house purchases that fall through every day.


    I believe that is because there aren’t any that are just as good, only “better” houses are left.
  • AnotherJoe wrote: »
    I believe that is because there aren’t any that are just as good, only “better” houses are left.

    All I saw was
    "We had quite specific reasons why we went for the property we did and so there are very few others on the development that would meet those fully - all of which of a higher price that we are not willing to go up to personally. "


    ..which doesn't quite mean that exactly. There are houses at the same price, they just don't want them.
  • silvercar
    silvercar Posts: 50,945 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    I doubt the builder will compensate if OP walks away. The costs of due diligence are borne by the buyer.

    There will be someone who will shrug and not be bothered by this issue. They will think that the worst case is some ramblers turn up at the front door demanding to walk through the house and they bar entry. ramblers then call police, demanding they exercise their rights. New owner tells them they must have read the map wrong. Police are not going to insist that the owner allows them to trample through the house.

    Actually the ramblers won't have a right to enter through the front door, but only to follow the ROW. So they need to arrive with pick axes etc at which point the new owner calls the police and the police arrest for criminal damage.
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  • I'd be more inclined to wonder if worst case analysis is the house being unmortgageable.

    Though personally I wouldnt fancy trying to "face off ramblers" when I was the one in the wrong actually. Bad off enough, in my experience, facing off nfh when they are the ones in the wrong.:cool:
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    silvercar wrote: »
    Actually the ramblers won't have a right to enter through the front door, but only to follow the ROW. So they need to arrive with pick axes etc at which point the new owner calls the police and the police arrest for criminal damage.
    You forget that it's also illegal to block a PRoW. Doesn't matter who actually blocked it - if you're the landowner, and it's blocked, you're the one in trouble.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    10,000 Posts Combo Breaker
    AdrianC wrote: »
    You forget that it's also illegal to block a PRoW. Doesn't matter who actually blocked it - if you're the landowner, and it's blocked, you're the one in trouble.

    ...And PROW obstruction prosecutions are notoriously difficult to defend - if the path is included on the Definitive Map and the path is obstructed then there is very little to be said in defence.
    "In the future, everyone will be rich for 15 minutes"
  • CarlyE
    CarlyE Posts: 14 Forumite
    Still no real update. In relation to the ‘better’ plot it’s because there are no more of the same House or same price bracket. I’m still waiting to hear from anyone about what’s going on and what can be done. Sorting the PROW is not a quick process having spoken with the council it could take years! So the plot we were buying is unsellable and unmortgable.
    Will see what the rest of the day brings.
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