Major Error on Local Search

The_Shadow

The local search on our property was completed by a reputable outside agency instigated by our solicitor.


The search stated that there were no road schemes or proposals within 200m of our property.


4 years on there is a major dual carrageway being constructed 90m from our boundary.


The dual carrageway is being constructed in a corridor that has been shown on the councils transport core strategy plans long before we purchased our property.


Had we had known about this we would have not purchased the property due to noise and pollution issues affecting our existing breathing conditions.


The agency has obviously been neglient in this case in supplying incorrect information.

davidmcn

Ok. Did you have a question for us?

Mine would be - does a "transport core strategy plan" count as a "road scheme or proposal"? Or would the road have come up under any other section of the search e.g. planning applications? (though possibly outside the radius they would have searched for planning)

The_Shadow

davidmcn wrote: »

Ok. Did you have a question for us?

Mine would be - does a "transport core strategy plan" count as a "road scheme or proposal"? Or would the road have come up under any other section of the search e.g. planning applications? (though possibly outside the radius they would have searched for planning)

Thanks for the reply, As i understand the land was allowcated for road widening in a protected Zone and the route is clearly shown on the councils road widening scheme interactive drawing. A note on the search at the time would have brought it to our attention, then we could have made an informed choice as to weather we bought the property or not.

middleclassbutpoor

so what is your question?

G_M

Seems to be a warning to others rather than a question.

I think.


Though whenever I buy, I make sure I investigate the area thoroughly myself which includes visiting the council, looking at their plans (local, core et) so I know where/what I'm buying.


Juat ommon sense really.

middleclassbutpoor

What is common sense to someone may not be another and you learn these things through experience often or having the time to research.

I think what happens all too often is that the trust in a conveyancer and the info provided by the vendor is too trusted. If your conveyancer has said there are no concerns with ongoing planning etc. then if you are inexperienced you are likely to trust them.

In addition to doing what you have done, I would also recommend looking at local news websites, facebook groups and google searches like <location>planning disputes/concerns or variations of this type of search. All of these will likely bring up some concerns of local residents who are looking to object against the planning.

If there was a question to the above, Im sure the answer would be to go and speak to the people who did the searches and if not satisfied with their response, seek legal advice elsewhere.

davidmcn

Apart from checking exactly what statutory notices etc the search was stated to cover, you also need to consider whether the searchers were negligent in their examination of the council records - or whether the problem was that the council's records were incorrect in some way e.g. because they didn't mark your property as being within the relevant radius affected by the road.

pinkteapot

G_M wrote: »

Seems to be a warning to others rather than a question.

I think.


Though whenever I buy, I make sure I investigate the area thoroughly myself which includes visiting the council, looking at their plans (local, core et) so I know where/what I'm buying.


Juat ommon sense really.

Our local town is planning a huge 'garden village' covering loads of currently open land to the south of town, along with a new southern ring-road that will take over and in some cases relocate existing roads. I'm seeing several houses going up for sale that are currently surrounded by countryside but will be adjacent to a major road and new housing estates in a few years. Am hoping prospective buyers do their research! :eek: Not convinced this would show on local searches yet as it's currently just a 'masterplan' on the council website.

As well as websites, Facebook, etc., a chat in the local pub can be useful if it's a friendly area.

The_Shadow

middleclassbutpoor wrote: »

What is common sense to someone may not be another and you learn these things through experience often or having the time to research.

I think what happens all too often is that the trust in a conveyancer and the info provided by the vendor is too trusted. If your conveyancer has said there are no concerns with ongoing planning etc. then if you are inexperienced you are likely to trust them.

In addition to doing what you have done, I would also recommend looking at local news websites, facebook groups and google searches like <location>planning disputes/concerns or variations of this type of search. All of these will likely bring up some concerns of local residents who are looking to object against the planning.

If there was a question to the above, Im sure the answer would be to go and speak to the people who did the searches and if not satisfied with their response, seek legal advice elsewhere.

We put our trust in the legal profession to provide correct information, in my case the search was inaccurate and had a profound efect on my purchase of the property. The search carried out was a personel search and did not identify any proposed new road works.

babyblade41

pinkteapot wrote: »

Our local town is planning a huge 'garden village' covering loads of currently open land to the south of town, along with a new southern ring-road that will take over and in some cases relocate existing roads. I'm seeing several houses going up for sale that are currently surrounded by countryside but will be adjacent to a major road and new housing estates in a few years. Am hoping prospective buyers do their research! :eek: Not convinced this would show on local searches yet as it's currently just a 'masterplan' on the council website.

As well as websites, Facebook, etc., a chat in the local pub can be useful if it's a friendly area.

That's what is happening in my town ... Searches may not pick it up if you don't know the area
Houses going up for sale but none seem to be moving

silvercar

Sounds like 4 years ago it was on your council’s strategy plan, but no actual plans had been submitted.

Our council has a “strategy” of increasing housing. The current plan identifies 24 areas which have the potential for development. In all probability only a handful will be developed, so currently none would show on a search.