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correct, does that make any difference?
i understand, i just tried asking this question as a new question but it wouldn't let me
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.hi joshuai 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?
understood. judging by what you read would i get a solicitor to take this case on a cfa?
the overage is a straightforward 50% (A-B) A = the consideration receivable for any disposal, B + the open market of the chargeable property is currently and will forever be used as a single dwelling house.
on my original plot it will house 10 plots and on the field next door a further 34 plots. the access road for the field has to come through my old plot.
sorry joshua when you said this would or could be difficult due to quantification of loss were you referring to what i said in my last post or with respect to balance of probabilities i.e planning followed by would the overage bite?
i have been researching my position above and studying your replies. is there any possibility that i may be outside limitation i.e. the clock started ticking when i knew that my overage was not protected by the overage?
i think i am getting confused!! if i was aware of the negligence years ago does limitation apply if i have suffered no damage as of yet?