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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10513
Experience:  I have been practising for 30 years.
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I bought a new house 7 months ago based on the information I

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I bought a new house 7 months ago based on the information I was given by the Builders On Site Sales team. I paid for a house that because of its unique position (adjoining green belt designated Communal land with a highlighted grade 2 listed 2nd world war pill box) cost me an extra amount (approx £20k) for this privilege.
This facility is now under threat as the builders have placed the pill box up for auction with the implied threat of re-development for both pill box and green belt. How do I stand legally on this, a situation not at any time discussed or advised and the area in question quite clearly defined pictorially for both purchase contract and Land Registry.
Peter Finney

Hello for clarification -

what did the builder promise in regard to the unique position and pill box?

Customer: replied 4 months ago.
Through their sales team - verbal statement > protected grade 2 listed. Will not be subject to any redevelopment. Protected by a solid wooden fence with bolted access door. Shown on the map signed off by all parties as enclosed and listed building.Ground will be landscaped - it has been grassed and a series of trees planted - again as indicated in the plan and signed off. Land indicated has been managed by the contractors up to now, working on behalf of the builders and when final property on the estate has been sold (imminent) then a local Management Company will be set up to manage all the grounds on the estate and each resident will pay into this facility on an annual basis.
Peter Finney

Caveat Emptor applies, buyer beware, and the seller is only bound by the answers to any enquiries made either by you or your solicitors and confirmed in writing.

The situation with regard to any greenbelt or listed building or lack of proposal for development, is that even if that’s not noted down in a local search, things change.

They can actually say that they have no intention of doing this at the time they sold the property to you and they changed our mind subsequently.

I’m afraid that if this wasn’t mentioned in the replies to enquiries and wasn’t part of the contract, there is nothing you can do about it. I’m sorry, I know this is not the answer you wanted but I imagine this is the answer you’ve already had from the solicitor that acted on your purchase.

Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.


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