if that is the case i assume from an early stage the buyer would be alert to the situation?
in that case in your opinion what would the owner do, or be advised to do?
that's what i was thinking, i suppose that falls in my favour when i bring my claim against the solicitors for not protecting it in the 1st place. now looking at the whole picture it would seem wise to start the protocol against my former solicitors asap. with regards ***** ***** planning situation the whole site has been allocated for housing and is just waiting to be rubber stamped as it forms part of the local councils housing supply. that is one of the reasons why i sold it with the overage and my solicitors new it was the next big site to be granted pp.
thanks for that.
i will now digest all of your advice, but i do think i will start the ball rolling with the solicitors.
couple of last questions - i promise!!!
1. you have stated that the negligence side of things is straightforward, are there any possible defences that could be raised?
2. in such a claim would this go all the way to court or would it, in your experience settle? the way i would look at it is if liability is admitted or it is obvious, then why would the insurers want huge additional legal costs on top?
hi at the time it was even agreed between the solicitors that a restriction would be used to protect the overage i.e. questions and answers on the preliminary enquiries.
i will now look at putting the papers together for counsels advice.
you mentioned above maybe the buyer could hold on for 10 years before he applies for pp, would that be a defence for the solicitors?