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Property / Litigation Question

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  • Property / Litigation Question


    New here and note there is no property section but wondered if someone could help?

    I bought a rural property (in England) off a small developer 2 years ago. He had created about a 75 cubic metre mound out of concrete and rubble from reorganisation of the property and outbuildings. I think this is unlawful as it is in "open countryside" and there is no planning consent listed for it. I now wish to put planning consent for a house extension but am concerned that when the planners visit they will see the mound and slap an enforcement order on me. I think it could easily cost £30k to dig up and dispose of the mound.

    My question is that, if this should happen, am I likely to get anywhere with a civil case against the previous owner/developer? Is there anything I can do to improve chances of success?
    Tags: None

  • #2


    Why do you think the planning dept will visit?
    The only peope I've had round from council are building inspectors making sure building regulations are being complied with.
    They never have time to search around for any non connected contraventions

    Regarding chances of success of a claim against the builder, was he supposed to clear the site on completion?
    What did your precontract enquiries state about it, if anything?
    If necessary make enquiries off your conveyancer who should still have your file

    Comment


    • #3
      Originally posted by des8 View Post


      Why do you think the planning dept will visit? ....There's issues with it that apparently increase likelihood of a visit.
      The only peope I've had round from council are building inspectors making sure building regulations are being complied with.
      They never have time to search around for any non connected contraventions

      Regarding chances of success of a claim against the builder, was he supposed to clear the site on completion? .....no more than buying any house off any Mr Average so think he will say sold as seen. Only minimal survey on building itself was done.
      What did your precontract enquiries state about it, if anything? .....nothing on searches and we were in ignorant bliss about the planning liability of it
      If necessary make enquiries off your conveyancer who should still have your file
      ..... that is our next step, trouble is we have a time limit as he promised we'd be able to get this difficult planning permission and tied it into a high value ecsrow agreement by a date fairly soon

      Comment


      • #4
        and apologies I have not thanked you for your response

        Comment

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