Have we been conned?

moo842

we hav recently bought a new home, and today it came to our attention that there are plans in place (although not yet approved) to build a major link road not 20ft from our front door, now looking into it this propasal was first put forward in 2003, but we were never told of this, is it too late, what can i do? do i have any come back on the developers for not informing us? i feel sick right now, we are so happy here as it's so lovely and quiet!

real1314

You should be asking your solicitors about it first. They should have informed you that it showed up in the searches.
btw what exactly do you mean by a "major link road". are we talking about a motorway, dual carriageway or what?

PasturesNew

When you buy a house, the solicitor will get searches done with the local authorities. Searches will advise him/you of any developments or changes that are planned within the immediate area, that you as a buyer need to be aware of as it may change your mind.

During the buying process your solicitor should have brought this to your attention and got your "OK" to keep buying. Does this ring any bells?

Oliveru

Judging by the comments on this thread the only explanation can surely be that your solicitor is in the pockets of the developer, did you definitely get an independant one or did you go for the freebie/ cheap one they offered you?

poppysarah

I'd put a fiver on it being the develoeprs solicitor if I had one!


And if it is then this should go in the case files as another reaons why this practice should be outlawed.

NestonVoice

I have been caught by this twice!

On investigation (assuming the solicitor or local authority had messed up) I learned that an alteration or widening of an existng route does not appear on searches; only new routes planned, so a country lane being changed to a dual carraigeway would not appear, but a new road across a field would.

Pretty useless isn't it. It doesn't help you, but other readers are reminded to speak to non interested local parties beit neighbours, shopkeepers etc. to see what the local gossip is.

terryw

NestonVoice wrote: »

<snip>

Pretty useless isn't it. It doesn't help you, but other readers are reminded to speak to non interested local parties beit neighbours, shopkeepers etc. to see what the local gossip is.

Very good advice. Also obviously go to the local pub during the day and strike up a conversation with the old codgers there........you will learn far more from such discussion than you will from the searches.

As an aside, check out any property you intend to buy several times at different hours and different days, as areas can change widely.

terryw

poppysarah

Local planning dept is open for people to go in and look at their maps and plans. Generally the staff are very helpful - although often busy - but if you're investing money in your home you should double check what's going on in the area.

Becks045

Really sorry to hear that.

I was caught out last year in a similar situation so can offer a little insight...A local search really only serves the purpose to inform you about the property and immediate boundries of the property you intend to buy i.e. does the property have the correct planning permissions in place, do boundry neighbours have the correct planning permissions in place and are you linked up to the main drains/water etc. Its really misleading the words 'local authority search' as it does imply it searches the near area but it doesn't.

However, regarding roads if its a NEW major road rather than an amendment to an exsisting road I beleive it should have come up on your search. If I recall, I think the search for roads takes into account about 100meters.

If you check with the County Council Highways department they should be able to tell you whether this information was provided to your local council as part of the search.

The other thing worth checking is your local councils 'development strategy plan' as all councils have one produced every few years. There will be a section in there on transport and if it is a NEW road it would be in there and your solicitor probably would have been referred to this document.

When your solicitor reported back did they refer to your councils local plan? if so, and it transpires the road is mentioned in there, then it was your responsibility to read the plan.

Hopefully this helps as its a bit of a minefield out there. Def check with the Highways department first though.

Good luck.

moo842

yes my solicitor was linked to the developer which i was never happy with especially as they most certainly were not cheap! but we were part exchanging so were not given an option, and to us walking away was not an option as our old neighbourhood had become unbearable.
i have spoken to the solicitor today who said that as the plans have not been submitted yet they did not come up on searches, she said they are still discussing exactly were the road will go, i'm stillnot very happy!

poppy10_2

moo842 wrote: »

yes my solicitor was linked to the developer which i was never happy with especially as they most certainly were not cheap! but we were part exchanging so were not given an option, and to us walking away was not an option as our old neighbourhood had become unbearable.
i have spoken to the solicitor today who said that as the plans have not been submitted yet they did not come up on searches, she said they are still discussing exactly were the road will go, i'm stillnot very happy!

Sounds like you have a case against the solicitor.