Solicitor failed to inform us about our land being conservation area

AnotherJoe

I dont see why the lender would need to be notified, its arguable that being on an SSI raises the value since you area ssured wont get any neighboring developments in the future. That seems more likely to increase its value, than decrease it because you cant grow potatoes.

Ozzuk

Have you got legal cover on your house insurance? Might be worth a call to them to see if they will act for you before you get paid legal advice.

Davesnave

AnotherJoe wrote: »

I dont see why the lender would need to be notified, its arguable that being on an SSI raises the value since you area ssured wont get any neighboring developments in the future. That seems more likely to increase its value, than decrease it because you cant grow potatoes.

It's a good argument, but in the countryside, where many SSSIs are, the chance of significant development is often restricted to that of having an agricultural building erected close by, or blocking a view.

Further, if the house comes with acreage, contiguous with the garden, the chances of any development on that are already under one's own control.

Brock_and_Roll

Given that moving is pretty drastic & expensive, perhaps the OP should get the relevant conservation body out to discuss the matter further and see what might be possible.


The OP mentions that is a 3.5 acre plot and presumably there were not going to put the whole lot under the plough Good Life style. It may be the case that some of the site is not so biologically important, perhaps land that was under more recent cultivation, or around outbuildings etc. Perhaps could "swap" land in/out of the SSSI area?


It is pretty amazing how "tight" you can grow things together with the right techniques such as using cordons, growing fences etc - on a bit of land no bigger than a tennis court I have 9 apple trees, 3 plum trees 2 pear trees, a full range of fruit bushes and more raspberries than a carry on movie!

DaftyDuck

I border a SSSI. It's a bonus, all-round. Luckily, my land is not directly affected by the controls.

However, many, many other regulations do control what changes I can make to my land, and even what kind of trees I can plant, outwith the garden area. You, too, will have a garden area, and that you will be able to cultivate. It will just be the equivalent of the green field that can't be ploughed.

Although some of what the OP wants to do may be stopped by the SSSI-status, other plans may well be considered change of use, for which permission is needed.

Far too many believe, once the land is theirs, they can do what they like. Remember "live under camo" recently?

However, and it is a biggie: if the OP's solicitor has all but admitted liability, I'd agree that seeking redress would be a sensible option. Just tailor any demands within an understanding of what might have been limited regardless of the SSSI.

Oh, and revel in the SSSI that you have. I have wildlife and flowers that few others "own", get help and advice from experts and enthusiasts, and have a view to die for.

Whatever you do, OP, don't let it spoil your home, for that is what it is. Get an allotment for veg if you have to.

martindow

How much of your land is actually an SSSI? Presumably the curtilage of the house is not included and maybe some of the other land is also outside. Have you seen a map showing the SSSI? Maybe it is available at the local authority or the library.

System

It's interesting this one - is there a duty on the solicitor to explicitly point out the designation of land in the local plan?

davilown

I may be wrong but if I was buying a piece of land in the countryside, the first thing I would look for is to see if it was in a 'special' area i.e. National Park, SSSI, Conservation area. and as said previously, surely this would have been included on the searches?

MobileSaver

ronniemac123 wrote: »

After that meeting we put in a complaint ... they replied that they are unable to help us any further and that we should seek help elsewhere.
I don't think we were unreasonable throughout the process and I'm quite shocked at their behaviour.

Assuming you genuinely stayed calm and were reasonable throughout then don't take it personally. I can't remember the exact details but there's something in either the SRA rules or possibly in the solicitor's insurance liability rules whereby when they realise they've messed up big time they have to direct you to another solicitor for independent advice.

However if at any point either you or your partner were rude or aggressive then of course they are quite within their rights to tell you to Foxtrot Oscar. Only you and the solicitor know how the meetings actually went so I'm not making judgement just pointing out two possibilities.

MobileSaver

the_r_sole wrote: »

is there a duty on the solicitor to explicitly point out the designation of land in the local plan?

Yes, the solicitor has a duty to inform their client of anything out of the ordinary and the implications thereof.

davilown wrote: »

I may be wrong but if I was buying a piece of land in the countryside, the first thing I would look for is to see if it was in a 'special' area

I think you'd be in the minority to be honest. It is what it is regarding any special status of a particular piece of land and I think most people would expect anything "different" to either be already mentioned in the property listing or be picked up by their conveyancer following the searches.