• Conveyancing - Previous Owner Did Not Disclose Planning Application

    By Guest on 20th Oct 2016

    I purchased a property in February of this year. The previous owner had split the large garden and built a bungalow on one side. The driveway is shared, it obviously has a boundary but not one that is marked visibly. This boundary runs parallel with the side of the property. I have a small wall to the front of my garden. I have today received a letter from the local authority re allaged breach of planning control. It states that the previous owner made an application (which was granted) to remove the wall to the front of my property to widen the access. This did not show up on any of the searches and was not declared on the Sellers Property Information Form. Am I liable for the cost of carrying out these works which will also involve dropping the kerb on the public road (unless of course I am expected to drive over this!) I feel that the previous owner has intentionally failed to disclose this information on the SPIF as the decision was only made on 26 February 2016, after completion. Im thinking thisis fraud of some sort. Please advise.

  • 1 Answers

    By Guest on 23/10/2016

    Hello,

    As the owner of the property affected you are liable however if the seller did deliberately fail to disclose something then this could be a case of negligent or even fraudulent misrepresentation and you could have a case against the seller. Do not try to deal with this yourself, speak to a litigator

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