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Possible problem with searches - New build

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Mrs_C1980
Mrs_C1980 Posts: 1 Newbie
edited 20 June 2018 at 1:40PM in House buying, renting & selling
Hello,
I have recently exchanged on a new build home and I was just wondering if someone could help me out please...

We reserved the plot in November with Story Homes. We picked the plot we liked and the developer answered a few questions we had about it, one of these being with respect to access to the estate. He informed us that there were only two public rights of access (entrances?) to the estate. One being the main entrance/road and the other being at the other end of the estate (path). We did query some lines next to our plot that looked like a (grassy) path on the plans but we were told that it was an old path from the farmer's field and that it would be fenced in so no access there. Great!

A few months ago we received all of our searches from our conveyor - everything came back as expected - no access by our home and no access that abuts our property. We also read through the original plans submitted to the council who shows only two points of access as I mentioned above. Everything great so we exchanged contracts.

However, a few days ago we were talking to a couple who have already moved in and they had been told that there would be access by our house. We asked again (this was the third time we checked with Story) and were told 'No public access/right of way here'. We also doubled checked our searches with a fine toothed comb.

Now, today we have had a phonecall from Story to state that there will be open access next to our property. Please can any one offer any advice on the matter?

I am not particularly pleased about this as I would have picked a different plot if I knew that there was an open access next to my home. I can't get in touch with the solicitor as she is in meetings all day and I'm besides myself with worry.

Thank you all in advance, I am a (very) regular lurker and I know how helpful the advice is on this forum.

Sarah

Comments

  • G_M
    G_M Posts: 51,977 Forumite
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    No way anyone here can comment without seeing the plans, the search results, the origins of the right of access etc.

    Then and only then we might be able tto say whether the access is binding or not.

    Ask your conveyancer?

    If what you are asking though is whether you have any right to withdraw from the purchase, refund your costs, and/or compensation, that depends on the contract you signed (which again we cannot see) and whether the various reassurances you received were oral/written (ie provable), and formed part of the contract.
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