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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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We are being threatened with an injunction if we don't stop

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We are being threatened with an injunction if we don't stop telling potential buyers of the land next to ours that there is a Caution on it. The sellers are omitting this information and a buyer who exchanged on a piece of the land only found out about the Caution after coming to view it and speaking to us. They have also said that because we said the land is contaminated with glass that we are inaccurately representing the land even though it is littered with it. They say that because we used the word 'contaminated' it is inaccurate as the land does not have a contaminated title. Please help.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the land located?
Customer: Mere, Wiltshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Possibly, but I am not sure until they ask...sorry.
Customer: replied 1 year ago.
Let me add the following information...the company threatening us are called The Hacking Trust and they bought the land from Zeals Estates. The completion is for 19th August and so The Hacking Trust don't legally own the land yet. All potential buyers are being told that their completion will also be on 19th August, clearly so that the money they make from the land can go straight to Zeals so that they don't have to fork out the costs upfront. Fine, we understand that this is legal. However, our driveway is the ONLY access for vehicles in to the land and we have electric gates. There is a right of way over them for anyone buying the land. The Hacking Trust are selling the land as First Time To Market, but they tried selling it a few weeks ago at auction, but it failed to sell as whole plot which is why they are now breaking it in to small plots. There are two cautions on the land, one that encompasses all of it and one that covers a small part with a unit on it near our gates. This is the part that has been continuously used by the Cautioners for nearly 30yrs. This is also that part that was exchanged on last Friday and the potential new owner is furious that he was not told about the Caution. As The Hacking Trust are not yet the legal owners they are not able to fight the Cautions, but yet have told people that have gone back to them after speaking to us that they will be trying to get the Cautions removed. They advertised the property with no previous planning permission requested on the land, but it has and was declined back in 1990ish. We need help as we have only told the truth. We have said that the land is littered with glass, that there are two Cautions, that planning didn't go through previously, that our gate is the only access and that Highways have plans for the A303 that our gate leads on to to be a dual carriageway, so the possibility of planning being agreed is less than it would have been and that the lanes either side are owned by The Duchy (which they are) and that The Duchy have emailed us saying that they will not be allowing a permanent access to the land via their lanes. The Hacking Trust have said that we are telling lies and mistruths and handed out confidential information. The only thing we can think of is that we have spoken to Zeals and they told us how much they sold it for, so we passed that information on to potential buyers when they are looking at paying half the total amount for a 20th of the land. Surely this information is under the Freedom of Information Act? I think this is a more comprehensive explanation.
Customer: replied 1 year ago.
I have now attached the email they have sent us and Waterford Estates are the same as The Hacking Trust.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

I assume its accurate though what you are saying?

Customer: replied 1 year ago.
It is indeed. There are Cautions (they can be found on Land Registry), the land is littered with glass and our drive is the only access and they did buy it for £140k and are selling it in chucks for £25k for .3 of an acre.
Customer: replied 1 year ago.
the previous planning permission is available on Wiltshire Council's website.

Then they can't do anything.

If what you are saying is true, they can try and get an injunction but they will fail.

So they can't do anything at all

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 year ago.
to confirm, because the information we are giving is accurate and true that The Hacking Trust will not succeed in gaining an injunction? Can you also please confirm what an alleged alienation is please?
Customer: replied 1 year ago.
Also, just to be 100% clear that because we used the word 'contaminated' we haven't broken any laws? We only used it as a description, we have not told anyone the land has a contamination order.
Customer: replied 1 year ago.
Also, do we have to give access to people if The Hacking Trust have not yet completed and therefore no one has registered the land yet (it is currently unregistered land) or is the Right of Way still for Zeals who sold the land to The Hacking Trust and only on completion will we need to give access to the new registered owners?

Correct.

I have no idea what they mean about alienation.

I assume you were born on Earth?!

If they not completed you do not need to give access.

Does that clarify?

Customer: replied 1 year ago.
That does indeed. Fantastic information thank you. I guess they are just bullying tactics. Fingers crossed we don't get lumbered with court and solicitors fees to fight it. Should we bother to reply to the email at all with something like: 'We agree not to give potential purchases any mistruths' or should we ignore it? They sent us a letter last week dated 28th May with a response required by 29th May and we only received it on Monday 1st and there were no contact details on it. We found the lady whose name was at the bottom working for The Hacking Trust but she refused to return our calls and asked Exclusive (the estate agents) to call us and say that we will be liable for any loss in earnings. Should we be worried at all? Sorry to keep asking questions, but things keep coming to mind and as you can imagine we are concerned.
Customer: replied 1 year ago.
We will be giving you a 5star review for sure! You have definitely put us a bit more at ease, but their constant threats just worry us.

I wouldnt be worried. If they own the land they have a right of access.

If they dont, then its all bluster.

Does that assist?

Customer: replied 1 year ago.
Sorry, I meant regarding the email. Should we reply?

I would and just set our your position.

Does that help?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you. We will.

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