Can I sue developer for devaluing house?

Splanky

My parents bought a new build house four years ago, which has not developed any problems. The four houses built opposite however have suffered from subsidence due to a huge earth bank behind them. The families were moved out of those four houses over two years ago and the houses are still standing empty. The developers have erected huge green hoarding around the house directly opposite our house, which is hideous to look at, and from the upstairs window we can see into the overgrown wasteland that should have been the garden. We now wish to sell the house but there is no way that anyone will wish to buy unless at a substantially reduced price. Can we sue the developers for our losses?

Adereterial

What losses?

No.

AdrianC

No.


If your parents' house subsides, then the developer should resolve that.


I'm surprised the houses are still empty - I'd guess the developer's bought them back, and they're going to get flattened and rebuilt at some point soon.

00ec25

you can sue anyone you want
whether you will win is a different question
you won't

lookstraightahead

Someone built a new housing estate opposite me ...

gamemodapk

What misfortunes?

jennhg88

Sue then for....?

EachPenny

Splanky wrote: »

Can we sue the developers for our losses?

Not with any likely chance of winning.

Your parents best bet might be to contact the developer and see what the plans are for the other houses. If they are going to redevelop the site then it might be worth making enquiries about whether the developer is willing to buy the house back as a goodwill gesture* if your parents are unable to sell it without making a loss. Don't expect them to pay more than the original sale price if it has gone up in value though.

*I say goodwill gesture as they might possibly want to avoid any form of publicity around the properties being demolished and rebuilt... it would impact on the sale value of the new properties if it were widely known there had been issues.

[Deleted User]

I would have thought unless you can actually prove the builders were negligent in some way, and that has caused a reduction in your parent's house price, you will have problems.

But you could ask the parents to go back to their conveyancer, see what they say.

silvercar

I don't know why people are questioning your losses. Clearly a house opposite neglected, boarded up houses is worth less than one opposite a few neat and tidy gardens with owners who care for their property.

Is the developer still in business? I would guess there is some negotiation between the developer and their insurer over who pays to sort the subsidence. Someone is going to have to pay for removing the earth mound, fixing the subsidence, tidying up the houses and reselling. It will happen at some stage, so the question is whether you can wait long enough.

airandwater

silvercar wrote: »

I don't know why people are questioning your losses. Clearly a house opposite neglected, boarded up houses is worth less than one opposite a few neat and tidy gardens with owners who care for their property.

Is the developer still in business? I would guess there is some negotiation between the developer and their insurer over who pays to sort the subsidence. Someone is going to have to pay for removing the earth mound, fixing the subsidence, tidying up the houses and reselling. It will happen at some stage, so the question is whether you can wait long enough.

I agree. There's clearly been an oversight and the OP is collateral damage.

Given that it's been over 2 years since the houses apposite have been vacant/abandoned, the Op is over due an explanation and action. The problem with tidying up the houses is that they would be put on the market and compete with your.

Unless you are willing to sell for cheap you might have to stay put for another 2-3 years.