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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10493
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Good morning, I purchased a residential property in July

Resolved Question:

Good morning, I purchased a residential property in July 2012, and it has now come to my notice that an adjoining property had been applying for planning consent for about 20 years for the building about 4 houses in the garden of this adjoining property. This fact was never disclosed to me by the vendor of my property. Planning consent was finally granted in July 2012.
Should this have been disclosed in any search? Should the vendor have disclosed this? Am I out of time if I were to complain?
Kind regards,
M. Bolton.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
On any Sale, it would be normal for a the Seller to complete the Law Society Property Information Form, which Form would have been forwarded to your Solicitor, and which would have formed part of the Contract.
One of the questions on the Form asks the Seller if they have ever received any Notice concerning the property or any neighbouring property. It also asks if the Seller is aware of anything else that they believe the Buyer should know. This would therefore include any Notice they would have received concerning any nearby development.
On the basis that the Property Information Form was completed, the Seller should therefore have disclosed the proposed development.
You do have 6 years to make a claim for Misrepresentation, which is what the Seller is guilty of, if they did not disclose the proposals.
You should therefore contact your Solicitor (who will be holding your old file for at least 6 years), in order to progress matters.
I hope this assists and answers your question.
Kind Regards
AL
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