Local Search Didn't Advise on Local Busway Construction

[MattAllen01]

Hi......I currently own a property in Dunstable near Luton which I purchased during 2008. As with all property purchases a local search was carried out to advise of any local planning applications, particularly transportation schemes. Not being from the area it appears that a "Guided Busway" scheme has been in planning for several years and is due to start construction in the coming weeks, the busway itself will run directly opposite my property on an old dis-used railway line and in direct line of sight. So what was a property in a quiet cul-de-sac location, will now become a property with a busy bus route operating directly opposite, with buses running every 4mins in each direction between 6am and 11pm.

Can anyone advise if they have ever experienced inaccurate information from a local search company and whether they took action against them and what the outcome was?

My problem is that I wouldn't have bought the property had I known about this and I am in the process of potentially sueing the search company as no longer want to stay in the property.

Any other advise will also be appreciated.

Thanks!

[Richard Webster]

The local search does NOT tell you about planning proposals on anything other than the property that you are buying.

It should tell you about highway schemes within 200m of the property.

Before trying to sue, you should find out whether this scheme should have been revealed at the time the search was carried out.

As a conveyancing solicitor I believe the information given in the post to be useful (assuming the property is in England/Wales) but I accept no liability except to fee-paying clients.

[MattAllen01]

Hi......many thanks for your response. I have a meeting setup now with the original solicitors as they have agreed to take on the case (which must mean somthing).

Yes, the busway scheme is classed as a highway/transporation scheme and speaking with the council, it should have been highlighted by the local search as the data was available for search companied to use.

The busway will be within 25m of my property and in direct sight.

I'm looking to claim back all costs associated with my original sale and purchase, plus renovations costs which I have spent on a property I should not have bought as this was meant to be long term investment and the market is now against us and people will not want to buy this property because of the close proximity to an active busway. I also want compensation for the inconvenience caused and loss os personal time.

[JustinN]

It sounds as though this is a personal search by an agent, not an official search result issued by the council. Your remedies will therefore depend on the terms and conditions applicable to the search, and your claim for damages may well be limited by those terms or by general legal principles

In any case, you are taking the correct action: get the position as a whole reviewed by your solicitors, so that they can advise you on your particular circumstances

It would be of interest if you could post details of the outcome for all our edification!

[brian]

It's worth noting that railway lines can complicate the issue - certainly in Scotland at least in the recent past, the presence of a railway line, even next to the development, does not automatically entitle those on the other side of the railway line to be notified or planning information to be directly provided.