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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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Last week West Oxforshire District Council announced that

Resolved Question:

Last week West Oxforshire District Council announced that they had submitted an expression of interest in land by the A40 in Eynsham. They have stated they are not committed to the land and there are no building plans in place.
If this propasl goes ahead we will be surrounded by 2500 houses.
The day after the announcement I accepted an offer on my property which has been for sale for some time. The purchaser is now asking if there are any plans for development at the back of our house. How much do I have to say given that there is no commitment to the site.
Submitted: 8 months ago.
Category: Property Law
Expert:  Thomas replied 8 months ago.

Hi

Thanks for your question. I will try to help.

There is a question in the property information forms that all residential sellers complete which states “Is the seller aware of any proposals to develop property or Yes No

land nearby”

The replies form part of the contract, so you could potentially be sued if there is any misrepresentation.

My view is that you are better off disclosing now and answering the form by ticking “yes” and simply stating that the local authority have stated “hey are not committed to the land and there are no building plans in place” if that is what they have said.

It turns on the interpretation of the word “proposal” and whether what the local authority have done to this point amounts to a “proposal”. My view is that it is close/arguable enough that I would avoid the potential future headache and opt for peace of mind by disclosing and attempting to mitigate by saying you have no idea if the back of your property would be affected.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience: UK solicitor holding an England and Wales practising Certificate.
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