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Did my solicitor fail to do his job?
clutzuk
Posts: 3 Newbie
Hi there,
This question relates to Scottish Law when buying property.
Long story short I am going around in circles, everyone, including the Law Society says the following is a grey area:
I bought a home with no-one over looking the back-a main reason for buying it. Turns out there is planning permission for nearly 200 houses to go in the land. The planning request went in 5 years ago and again 6 months before I purchased.
Surely my thousands to the solicitor would include them searching for planning requests in the area impacting my property?
I know there are searches for mining, planning on the house itself. Surely there should be for surrounding land, neighbouring land so to speak?
I am getting conflicting information.
The owner has lied as they didn't tell us and that is a different story. For now I would really appreciate knowing did the solicitor fail his job?
Thanks so much I am at a loss....
This question relates to Scottish Law when buying property.
Long story short I am going around in circles, everyone, including the Law Society says the following is a grey area:
I bought a home with no-one over looking the back-a main reason for buying it. Turns out there is planning permission for nearly 200 houses to go in the land. The planning request went in 5 years ago and again 6 months before I purchased.
Surely my thousands to the solicitor would include them searching for planning requests in the area impacting my property?
I know there are searches for mining, planning on the house itself. Surely there should be for surrounding land, neighbouring land so to speak?
I am getting conflicting information.
The owner has lied as they didn't tell us and that is a different story. For now I would really appreciate knowing did the solicitor fail his job?
Thanks so much I am at a loss....
0
Comments
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Due diligence means different things to different people. Whilst the new development did not impact directly on your purchase (whereas a coal authority search relates to mineworkings within a specified distance from your property) it is a moot argument.
The owners may not have been aware of the development unless they were actually notifiable by being on a shared boundary or directly opposite.
A local solicitor would probably be expected to have local knowledge but it is safe to assume that no agricultural ground is safe these days, especially those adjacent to existing infrastructure.
Complaining that there has been negligence because your purchase neighbourhood is going to change is a long shot. More housing is a given these days, a new motorway/bypass or upgrading of a disused railway line or airport would be of greater concern.
Nothing, however, beats your own research - and I did mine every time.0 -
Re your last point, the vendors have not lied unless they were asked the specific question. All they are required to do is answer the questions asked honestly.
If they knew of the PP they are under no obligation to reveal it unless asked. Caveat emptor.No free lunch, and no free laptop
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200 houses is a lot. Was there nothing in the local papers about it?
Did you speak to neighbours before you bought?
I assume that the owners will have known - planning permission info is sent out to nearby homes by my council - rules may be different in Scotland.0 -
When was PP actually granted?The planning request went in 5 years ago and again 6 months before I purchased.0 -
Hi all thanks for the responses.
The owners did know they were asked out right and lied. They tried to remove the planning permission clause from the missives.
Anyway like I said I think the solicitor is paid to do their job which includes searches.
It is good and well saying do your own research however then why pay people to do searches.
Does anyone legally know is it a solicitors job to do searches for planning permission on neighboring Property impacting my property-the impact will be noise disturbance, change of view so to speak and cost impact on house as the new housing is social thus cheaper.
Thanks all0 -
Ps the planning permission was granted in Jan 2013 the house purchase July 2013 thanks society's child0
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The only way you're going to be able to prove your sellers knew is it they registered a response to the planning application.0
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Does anyone legally know is it a solicitors job to do searches for planning permission on neighboring Property impacting my property
In England & Wales the answer would be no, it is not your solicitor's job to search neighbouring land/properties for PP, unless you specifically asked them to. I don't know about the Scottish system, but would be surprised if it were different.0 -
Hi all thanks for the responses.
The owners did know they were asked out right and lied.
They tried to remove the planning permission clause from the missives.
Thanks all
When you say "the owners were asked outright and lied", was this exchange verbal, or in writing?
Didn't the vendors trying to remove the relevant clause ring any alarm bells?0
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