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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9335
Experience:  I have been practising for 30 years.
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I have recently purchased a property and

Resolved Question:

Dear Sir or Madam,I have recently purchased a property and as part of the conveyancing process, a local search was undertaken. The search did not reveal that a major link road was under evaluation by the planning department of the local council and according to the council, if this is approved it could significantly increase the volume of traffic that passes on the road outside of our property. This could also affect the future valuation of the property.I have challenged the company that provided the local search report and also my solicitor and they have indicated that as the actual link road is not directly near to my property, it is unrealistic for me to have expected that this was identified in the local search.As the link road entrance / exit is located <1Km from my property and the expected traffic flow will affect the road directly outside of my property entrance, according to the local councils traffic analysis, I would have expected this to be highlighted in the local search report.Please kindly advice!Best regards,
Julian
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
You only have a cause of action if whoever carried out the local search or whoever read the local search missed something in either carrying it out or interpreting it.The reality is that a local search is actually of little value with regard to future plans because it is only valid for 3 months anyway. Even if these plans were not on the cards at the time, they could have been formulated 3 months later.The local search only shows what exists at the time within the immediate area of the property. It would not normally show up anything outside that area even though it may affect your property. If for example there is going to be a housing development 1 km from you which will increase the amount of traffic going past the house that you propose to buy, that development would not normally show up on a local search of your house.The reason for that is quite simply because if that were the case, it would have to cover a huge area if all the roads serving the development were taken into account.Can I clarify anything for you?Please do not forget to rate the service positive.Best wishesFES
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