TA6 Form Conveyancing - No Mention of New Development - Advice

Lucky1974

Hi there,

I purchased a property around 9 months ago and while the garden backed onto a busy road, it wasn't a deal breaker because there was no walkway between the garden fence and the road itself, so in essence, it was private and  not overlooked.

Fast forward a few months...there is now a newly laid pavement which was installed as part of a new development with over 2,000 homes being built. The road is higher than our property, therefore the public now have a birds eye view of our garden and kitchen (it's a become a busy walkway).

We were also attracted to the property for its vast green field - adjacent to our property (ideal for daily dog walks), however, we have also discovered that this will be utilised for the development too!

My question is, when the TA6 Form (pt. 3.2) was completed, the seller claimed  'not known'  (seller inherited the property and did not know the area per se). Should the local solicitor they instructed have advised them on this? Basically, these points were really important when making the decision to proceed with the sale and if were made aware of the developments we would not have proceeded. Any advice would be appreciated. Thanks 

Tiglet2

When executors sell a property that they don't know well, a lot of answers to enquiries will be unknown.  That's why properties such as this are usually sold with limited title guarantee.  It is important that the buyer (you) finds out as much as you can with limited information being provided.

Didn't you look on the local council's website for any planning applications in the area, or join a local neighbourhood facebook group to find out as much as possible about the area you were about to move to?

Was anything revealed on the Local Authority Search?  This would be what your solicitor would be reviewing as part of their due diligence.  If nothing is mentioned in the search, your solicitor wouldn't have known about it. 

If the seller's solicitor did know about it, it is not for them to mention it, rather it should be your solicitor to ask relevant enquiries.  The seller's solicitor cannot lie, but if the question isn't asked they don't have to disclose.

Whenever I see a property near fields, I always think it could be a possible development in the future. 

Unfortunately you probably won't be able to prove that the seller knew about the development so it would be unlikely that you would get anywhere with this.   

Perhaps grow some tall plants to provide some privacy?

user1977

Lucky1974 said:

Basically, these points were really important when making the decision to proceed with the sale and if were made aware of the developments we would not have proceeded.

If it was really important then what other research did you do about nearby developments?

I would fully expect executors to say "don't know" to such a question, which generally will be an understandable response.

housebuyer143

When I see green space next to houses I instantly think, future housing estate. Did you do any research into the area such as looking at the council planning portal? 
The vendors put not known and as such you don't really have any comeback unless you can prove they lied on the form.

Lucky1974

Thank you. The development was approx 0.5 miles away and perhaps nieve but no I didn't look at portals and that's because it simply didn't enter my mind. I think it's great in hindsight to say did you do this and that or you should have etc.
The fact is a lot of us day-to-day buyers, don't think of these things and assume the solicitor would highlight it. 

Yes looking back I can see this is not how it works, but I only asked a question and didn't post to be told I should have done this or that. I'm sure as human beings, we've all made mistakes, it's part of being human. 

Thanks anyway I do appreciate you took the time to respond to me.

ThisIsWeird

Aren't 'local searches' part of the buyer's conveyancer's remit? Gulp, I always thought it was - to check planning records in the 'hood.
But, yes, a green field always has to be wondered about.

user1977

ThisIsWeird said:

Aren't 'local searches' part of the buyer's conveyancer's remit? Gulp, I always thought it was - to check planning records in the 'hood.

The searches are about the property you're buying - not every planning application in a 0.5 mile (or greater) radius.

Jonboy_1984

We had an estate planned that would have been around 70 homes, 200 metres from our last property. 

We only found out about it via local Facebook groups as the council managed to only send letters to houses within a given distance of the proposed site entrance, and not a radius of the site perimeter…luckily it was turned down as the access arrangements would have been poor for the housing next to the entrance (a single gate down a Cul de sac, off a small side road).

Dustyevsky

Lucky1974 said:

The fact is a lot of us day-to-day buyers, don't think of these things and assume the solicitor would highlight it. 
Yes looking back I can see this is not how it works, but I only asked a question and didn't post to be told I should have done this or that. I'm sure as human beings, we've all made mistakes, it's part of being human.

 It wasn't up to the executors to know or care about your personal preferences and potential developments in the local area. It fell to your solicitor to alert you to things which might detract from the desirability of a property. The question is, therefore, did they really know these preferences?

It's often assumed by the public that a new development nearby is a 'bad thing,' when often there is no detriment to existing housing.The addition of a pavement by a busy road might be seen by many as a plus. A green field might be attractive to dog walkers, while people living beside it could have security concerns. We don't all have the same likes and dislikes.

The ship here has sailed, so if you made a mistake, do research now to find out how to minimise the loss of privacy.

For example, fences bordering a road can't be more than 2m tall without planning permission, but a couple of well-placed shrubs or trees have no height restrictions.

Dustyevsky

ThisIsWeird said:

 a green field always has to be wondered about.

Especially a privately owned one which isn't being actively farmed, and where the public come and go as they please without there being any right of way. It can take 20 years....or 20 days!

GDB2222

There is a lot of info on this forum, but it is rather haphazard. What might help future buyers would be a sticky thread explaining what questions to ask, and how to do your own research. Does anyone fancy the task of writing a first draft?