new houses - not fair!?

Question

i moved in a year ago - searches showed nothing. Now we are told that PERSIMMON homes are going to be using my cul-de-sac as access to a new housing development they are going to build - becuse they retained rights when they built this one. If my road is a cul-de-sac, can they just do this? I dont want to live on a thoroughfare!

Answer 1

This reflects a problem with most house sales in the UK in as much as a solicitor will simply send the local council a printed form of questions about plans passed that may affect the property. However, this form does not find out about plans lodged with the council but not yet approved.

When purchasing a property go to the local council yourself and ask to see the Development Plan (all councils have one) This plan shows not only the plans that have been passed but all plans that have been applied for.

From this you can often avoid nasty surprises as the one you outline.

Solicitors never go to see the Development Plan as it would mean leaving their offices and so you must do this yourself.....If you see this as having a dog and barking yourself you are undoubtedly correct. Which begs the question: if you have got to do the work, why instruct a solicitor in the first place.

Answer 2

If, when you examined the street you were going to be living on, the far end (the cul-de-sac, so to speak) was NOT finished in a circular fashion, with curbing all the way around and deeded lots covering the entire area, then you simply weren't paying attention. The extension of the cul-de-sac into a thoroughfare was always on the planning books. It was simply a case of you moving into "Phase I" development before "Phase II" got underway.

Your property deed should indicate whether the developer (Persimmon?) retained rights to some of the property in the area; likewise, deeded access (including easements) should also have been listed ... particularly if your property borders either the easement or the retained property. If, however, your property does NOT border the easement, it is likely that there would be no mention of it in your deed. The developer's retained holdings should certainly appear, if only in passing.

If you wish to know whether you are going to live on a thoroughfare or a cul-de-sac, live in an area of older homes - where the streets are developed and rights-of-way are known. You take your chances when choosing a newly-developed area, because the NEXT newly-developed area could be going in right beside you.

Answer 3

The answer to that is NO, go to your local council planning departing and ask them to invoke an enforcement order for restriction of access on grounds of Health and Safety, provided and it is very unlikely the council would have allowed access through the cul- de- sac if they they knew the houses would be occupied and with children in the vicinity, argue this point and if possible get a police report on the possible dangers by having a risk assessment done both by the council and by the developer Persimmons. good luck, also ask the council has the cul de sac has been adopted under their local roads act. If so your onto a winner.

Answer 4

Well - this plan probably would explain why somewhere on your cul-de-sac there is a big open spot wher no house wqas built.

You may be able to bring the people of the cul-de-sac to the local zoning board and see if you can block the proposed road - but in reality that road was probably approved long before you ever heard of it. It's a buyer beware situation - there are so many new developments going up that roads and terrain change almost daily - one day you live on a cul-de-sac and the next a freeway -- welcome to urban sprawl.

Answer 5

Depends. Was there an easement present when you moved in the home? If there was, you, the real estate agent that sold you the home, the agent that listed the home and the seller you bought it from need to have a little pow-wow. It would be a HUGE oversight on their part not to have informed you of this, and if they knew about it-you have a good lawsuit on your hands.

But if the easement was not in place when you moved in, you should have been informed that this would happen, when it was decided. Easements are very hard to extinguish and should be thought of as lasting forever. As long as it does not interfere on the 'peaceful enjoyment' of your land that you are rightfully entitled to, then there is not much you can do.

But I would find out how long that easement has been in place and seriously nail both real estate agents and the seller if it was there when you went under contract and closed on your home.

Answer 6

It should say on you're title deeds if Persimmon has retained these rights.

You're solicitor should have made you aware of this right of access by persimmons, perhaps you should ask him why he didn't find this in the search.

Answer 7

Not fair but if the rights were retained and were registed with the town authorities...which means they could have been researched and discovered by you...even though the vast majority of people don't do this.

Its unfortunate but legal.

Answer 8

As different answerers reported, i might purely shop the cat in the living house. I did an identical element for years. whilst the owner got here around I cleared out each little thing"cat appropriate" & placed the cat out in my motor vehicle for the jiffy he replaced into there. I not at all have been given caught. good luck!

Answer 9

You are typical of the ignorant, self obsessed morons that now make up most of this country if you dont like go live in America where your obnoxious views will be welcomed you may even become presidetnt one day.

Answer 10

You should have researched all subdivision covenants and rights of way before you purchased your home. After is a little too late.