The UK's independent property information site
|
|
||
|
The UK's independent property information site
|
||
|
|||||||||
| Solicitors and Legal Legal issues and fees about buying/selling a property. |
 |
|
|
LinkBack | Thread Tools |
03-02-2012, 10:07 PM
|
|||
|
|||
Withholding information at time of sale... advice
Can anybody here offer me any advice? I will try and keep this short.
18 months ago we purchased a new build property. It is on a “close” with one way in and out and the whole development is surrounded by a boundary fence. We now discover that the developers have granted a neighboring property (off the site) right off access and allowed them to install a vehicular access gate in the boundary fence. I can prove that the developers granted this access prior to our (and all other residents) purchase and can confirm there is no mention on the initial plans or submitted amendments. This access without doubt devalues our property and for the developer to knowingly withhold information must have consequences? Any advice? 
|
|
03-02-2012, 10:53 PM
|
|||
|
|||
|
Re: Withholding information at time of sale... advice
A seller doesn't have any obligation to give information - it is for you to ask for it. Unless there is anything in the paperwork that was supplied that suggested that they were not going to grant such rights then I can't see what you can do about it.
The rule is caveat emptor. If you could see that this other property adjoined the access way it was really up to you to tell your solicitor this and express concerns to him about the possibility of such rights being granted. He could then have taken the matter up with the builder's solicitors. Builders generlaly reserve the right to grant other people rights and to later covnenats and rights on other properties on the same estate so I can't see why they should be liable.
__________________
RICHARD WEBSTERwww.rwco.co.uk As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.
|
|
03-02-2012, 11:09 PM
|
|||
|
|||
|
Re: Withholding information at time of sale... advice
Hi Richard,
Thank you for your reply. However, I probably havn't explained clearly. Is there any chance I could email you? I can send much more information, and I don't mind if there is a charge for conclusive advice.
|
|
04-02-2012, 01:54 PM
|
|||
|
|||
|
Re: Withholding information at time of sale... advice
It is very unlikely that I could give you "conclusive advice". If you were thinking of suing the builder a litigator (which I am not ) would give you some sort of ball park percentage chance of success in court.
You would also need to be able to quantify your loss, which may also be quite difficult.
__________________
RICHARD WEBSTERwww.rwco.co.uk As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.
|
|
| Thread Tools | |
|
|
|
|
| » Property Boards |
|
Buying Property
Selling Property
Estate Agents
Solicitors & Legal
Builders & Developments Property Development Home Improvements Buying Property Abroad |
Important Notice: HomeMove.co.uk does not provide professional advice on any aspect of buying, selling, developing or investing property. All posts are provided as lay opinions and not personal professional guidance. You should always seek a qualified professional for professional advice in relation to your personal circumstances. The HomeMove.co.uk forums are not monitored, and the site administrators cannot be held liable for the content of the forum. If you have any objection to any post on the forums, please either use the Report Post feature, or else Contact Us to ensure such content is properly dealt with. We are not responsible for third party links on the site.
