How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I bought a static caravan recently "stunning view "

Customer Question

I bought a static caravan recently for the "stunning view " of the golf course. The site owners now plan to put three caravans directly in front of mine . They had submitted plans to the local council prior to me buying, so they knew my view would be restricted . Have I any redress ?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I confirm if the words "stunning view" were included in the sellers advert please or were otherwise made in writing?
Could I ask you to confirm the exact wording and if you still have a copy of the advert?
How much less (if any) would the caravan have been worth without the view would you estimate?
Were any represenations made about the view?
Customer: replied 2 years ago.

I do not have a copy of the sellers advert,but I am certain those words were included . We have been owners on the same site for eight years and decided to move for the view, based on published plans exhibited on the site, showing an ornamental lake and log cabins around the lake. However, after we purchased, these plans were taken down, and we only recently became aware of the submitted revised plans with the lake in a different orientation, but now with six caravans in front of the lake ( three of which are no problem to us) . When we first heard ( not saw) about the revised plans, the site manager assured us our view would not be affected ( he has never denied saying this) , but on viewing the plans it is clear that approximately 60% of our view will disappear. I could not really put a value to the van if it did not have a view but we paid a considerable amount for it.

Expert:  Joshua replied 2 years ago.
Thank you. could you tell me if you would be able to obtain a copy of the advert in which you based your purchase or failing which if the seller would be willing to admit the words used or provide a copy of the advert?
Customer: replied 2 years ago.

I may be able to get a copy of the advert, but not sure if they are kept on file. It will take me a few days to follow this question up, since we are only on site at weekends, however, it is common knowledge both by our neighbours and the site owners that we purchased specifically for the view. We have only moved pitches by a matter of yards.

Expert:  Joshua replied 2 years ago.
Thanks. Would you like me to outline the position so you know how you may potentially proceed whether or not you can obtain the advert?
Customer: replied 2 years ago.

Yes please.

Expert:  Joshua replied 2 years ago.
Thank you. it is a long and established principle that there is no such thing as a right to a view in English law. it is possible to protect a view by entering into restrictive covenants with the landowner who owns the land over which you enjoy of you but clearly that does not apply here. if you purchased the caravan and then the landowner later decided to build so as to block your view, and the above common law rules, there is little that you could do. However the position is different here because from what you say, the seller advertise the caravan as having a stunning view, knowing full well that it was doing its best to build in front of that view.Accordingly based upon what you say, there would appear to be a misrepresentation on the part of the seller. In order to demonstrate that a misrepresentation was made, you would need to produce evidence of the representation in the advertising material correspondence you had - hence my above questions. If you cannot show that the misrepresentation was made by reference to the advert or correspondence, realistically you are likely to struggle with any claim because, as above there is no inherent right to a view in English law.If you can obtain a copy of the advertising material that contained the representation or have any other correspondence which confirmed that the caravan would have aa view, and can show that the seller had already at that time submitted plans to build in front of that view - this should be straightforward as the council will have public records in relation to the planning applications they may have made in this respect - then you could mount a claim on the basis of either misrepresentation or gross negligence misrepresentation. If you can demonstrate that the view was central to your purchase of the caravan and that you would not have purchased it had it not been for the representation regarding the view, you can potentially show gross negligent misrepresentation and seek to set aside the contract. This is a relatively high bar may not be achievable but where it is not, you may still be able to show a misrepresentation on the above facts and claim the difference in value of the site without a view as opposed to the site with the view.if the matter is being considered by the local authority's planning department, you may of course along with other neighbouring owners subject to the plans. Obstructing your view is not an absolute grounds for refusal of the planning permission but it can be taken into account by planning officer in determining the application.In terms of how to move forward, clearly the first and most important step is to obtain evidence of the representations made by the seller as any claim is likely to necessarily be founded on such representation(s). From there, you could attempt to negotiate a reduction in price with the seller or alternatively potentially a relocation of your caravan or setting aside the contract so that you both walk away as if the sale was never made. if such negotiations fail to produce a settlement, you may need to consider making an application to the County Court. to do so, the simplest way is to issue proceedings using the courts online issuing service:http://moneyclaim.gov.uk/I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks for this. It gives us an idea of the way forward. I will be in touch if we decide to pursue. Kind regards. Elise

Expert:  Joshua replied 2 years ago.
A pleasure. Good luck in obtaining a copy of what you need.