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Bought a house and plans for cycle lane weren't disclosed

2

Comments

  • SpiderLegs
    SpiderLegs Posts: 1,914 Forumite
    1,000 Posts Second Anniversary Name Dropper
    AdrianC said:
    You're blaming your solicitor, yet you didn't do any basic research either.

    You're complaining about the loss of on-street parking - do you have off-street? Local authorities can introduce parking restrictions at any time, so there's no guarantee ever of it remaining available.
    Yes., one would have thought that if parking was so critical to this sale, then that would have been communicated or investigated further by the OP.
    if they simply assumed that an on-street space was theirs for eternity then that’s their problem.
  • 0i72
    0i72 Posts: 3 Newbie
    First Post
    If you re read my original post you will see I have not blamed anyone I'm just stating the facts. And I also realise that no one has the right to public parking, that I bought the property not the street in front of it. The relevant information was not fully supplied in the information pack from the seller, much the same as if there was an ongoing dispute with a neighbor they have a duty to disclose. The council have said the consultation period is now over and the next step is to issue road traffic orders for the yellow lines
  • Sachs
    Sachs Posts: 173 Forumite
    Fourth Anniversary 100 Posts
    edited 11 March 2020 at 9:34AM
    Are you able to track down the TA6 form that the vendor provided? What did they say under notices and proposals? If they said there were aware of no adjacent proposals and have received no correspondence about them then you could do the following:
    - get proof from the Council that they notified the vendor
    - get an estimate from a registered valuer of the value of your house as it is now and following the implementation of the scheme.
    - Contact a litigation solicitor to take action against the vendor.

    I suspect that this will be a waste of time and money though... Depending on how much this annoys you and your general disposition it would be better to just grin and bare it and/or spend the money on a counsellor to help you accept it.

    It sounds like that at the point you purchased the house no planning permission had been applied for or granted for the scheme and therefore there is no way your solicitor could have known about it, your only recourse would be the vendor.
  • wesleyad
    wesleyad Posts: 754 Forumite
    Part of the Furniture 500 Posts
    Given that nobody has a right to on-street parking i fail to see how the loss of it makes any difference whatsoever
    Whilst true, there' still a clear difference in house value if the nearest parking is on the street in front or close to your house, or 100m away on another street. I know I'd never buy the second and I'm sure many others wouldn't. 
    Yes it can happen at any time which is bad luck, but if this was meant to be disclosed then I'd say the OP has a case. If not then unfortunately its just one of those things
  • SpiderLegs
    SpiderLegs Posts: 1,914 Forumite
    1,000 Posts Second Anniversary Name Dropper
    wesleyad said:
    Given that nobody has a right to on-street parking i fail to see how the loss of it makes any difference whatsoever
    Whilst true, there' still a clear difference in house value if the nearest parking is on the street in front or close to your house, or 100m away on another street. I know I'd never buy the second and I'm sure many others wouldn't. 
    Yes it can happen at any time which is bad luck, but if this was meant to be disclosed then I'd say the OP has a case. If not then unfortunately its just one of those things
    I’d love to know which question in the TA6 this would have been declared under.

    anyway, there is only a clear difference in value if it is a factor which a buyer is bothered about. It wouldn’t make any difference to someone who can’t drive.
    so ‘value’ is entirely subjective to each buyer. There isn’t as far as I know a big book of things affecting house values; and even if there was, in the section called ‘parking space’ it would say if you don’t own it, it’s worth 0 and don’t moan if someone else decides to start using it.
  • bucksbloke
    bucksbloke Posts: 440 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    They don't have to pick up consultations, only planning applications
  • Sachs
    Sachs Posts: 173 Forumite
    Fourth Anniversary 100 Posts
    I’d love to know which question in the TA6 this would have been declared under.

    anyway, there is only a clear difference in value if it is a factor which a buyer is bothered about. It wouldn’t make any difference to someone who can’t drive.
    so ‘value’ is entirely subjective to each buyer. There isn’t as far as I know a big book of things affecting house values; and even if there was, in the section called ‘parking space’ it would say if you don’t own it, it’s worth 0 and don’t moan if someone else decides to start using it.
    It's question 3 and the book that explains how to objectively value a house is the RICS Red Book.
  • melb
    melb Posts: 2,888 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    unfortunately the "herd instinct" is still alive and well on MSE.  As if you wouldn't be a bit cheesed off if the house you bought was suddenly going to have double yellow lines painted outside it.  Think this is fairly self-explanatory:-
    From the TA6 Property information form:-
    Notices and proposals
    "Have any notices or correspondence been received or sent Yes No (e.g. from or to a neighbour, council or government department), or any negotiations or discussions taken place, which affect the property or a property nearby? If Yes, please give details."
    Surely this would cover it?
     
  • xylophone
    xylophone Posts: 45,757 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Depending on how much this annoys you and your general disposition it would be better to just grin and bare it 

    A flashing smile? :)

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 11 March 2020 at 8:41PM
    melb said:
    unfortunately the "herd instinct" is still alive and well on MSE.  As if you wouldn't be a bit cheesed off if the house you bought was suddenly going to have double yellow lines painted outside it.
    "Cheesed off" is not something that there's solid grounds for recompense over.
    "Cheesed off" is a reminder to do your due diligence properly next time.
    Think this is fairly self-explanatory:-
    From the TA6 Property information form:-
    Notices and proposals
    "Have any notices or correspondence been received or sent Yes No (e.g. from or to a neighbour, council or government department), or any negotiations or discussions taken place, which affect the property or a property nearby? If Yes, please give details."
    Surely this would cover it?
    Even that's debatable.

    Does it affect the property? No, it doesn't.
    Does it affect a property nearby? No, it doesn't.
    It affects the road outside the properties.
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