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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My house vibrates when heavy goods or farm vehicles drive past,

Customer Question

my house vibrates when heavy goods or farm vehicles drive past, the road is over 25 meters away. We are the first house before the road.
Other information
Our house is detached
We have owned it for 1 year (have been renovating it so have only just moved in)
Vibration was not disclosed to us prior to purchase.
We had a structural engineer survey prior to purchase (nothing to note)
The concerns
Lack of sleep
House damage/structural condition problem
House value
Resale issues
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know about this please?
Customer: replied 11 months ago.
Hello AlexI would like to understand
who is liable/responsible to reduce the vibration. The local authority is Selby district council.
Any recourse to the seller / agentWhat course of action (steps and process) we should take.
Expert:  Ash replied 11 months ago.
Were the sellers asked in terms of any noise etc when it was being purchased?
Customer: replied 11 months ago.
No we never met them, we asked the agent
Expert:  Ash replied 11 months ago.
Was it asked on the sellers questionnaire?
Customer: replied 11 months ago.
Yes
Customer: replied 11 months ago.
The house was the family home, the seller was the son of the deceased father.
Expert:  Ash replied 11 months ago.
What was the answer on the questionnaire?
To confirm the structural survey said there was no damage?
Customer: replied 11 months ago.
No damage on the survey, from memory there was no comment made
Expert:  Ash replied 11 months ago.
You need to a copy of the questionnaire.
You can only take action if there has been a lie. Its not the Council that is responsible as planning permission would have been granted, consultation sought and proper process for the Highway. Its like moving to Heathrow and complaining about the aircraft.
However get a copy of the questionnaire and see if there has been anything which has been lied about. If there is you can take action and sue for breach of contract. You should be able to get this from your previous Solicitor.
Can I clarify anything for you about this today please?
Alex
Customer: replied 11 months ago.
So To confirm, would Selby council not be responsible for the upkeep / maintenance of the road to reduce road noise/vibration? Also - is there a particular question / wording / phrase which would be on the questionnaire? Lastly, how would we demonstrate that there is vibration - are there any specific tests? Thanks
Customer: replied 11 months ago.
Also if the questionaire shows the question - how do we start the process?
Expert:  Ash replied 11 months ago.
The Council is only under a duty to maintain when there are pot holes etc. They will have a policy which will show an inspection regime and intervention level (using around 35mm) to repair.
You need to just check to see if there are any questions such as, are there any noise issues etc.
As for vibration you would need to get specialist monitoring equipment but the problem is you have had a structural survey?
Does that help?
Alex
Customer: replied 11 months ago.
Thanks - lastly, if the question was asked, how would we proceed?
Expert:  Ash replied 11 months ago.
You first need to get a copy of the questionnaire. Then once you have this and if you want to take it to Court issue proceedings against the seller.
You would need to contact their Solicitor and ask for an address for service.
Does that clarify?
Alex
Customer: replied 11 months ago.
Thanks - if the question wasn't asked - do we have any other course of action except with the council to maintain the road? Thanks
Expert:  Ash replied 11 months ago.
Sadly not. Not unless a lie was given.
I am sorry. Does that clarify the position?
Alex
Customer: replied 11 months ago.
Ok thank you
Expert:  Ash replied 11 months ago.
Good luck.
Alex
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Expert:  Ash replied 11 months ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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