There is a proposed development for 7 new houses in the field opposite my home. My house is 100+ years old and built into a lane/public footpath - part of the ground floor of my property is effectively underground and supports the lane itself. This lane will be converted into an access road if the development goes ahead. I'm very worried as I think the increase in vehicles will affect the structure/stability of my house, not to mention all the construction traffic while the houses and road etc are being built. Can the developer legally do this and if so what is the best way to protect my home?
2007-12-17 11:29:02 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
My property is definately not built on land that is not ours - the lane marks the boundary. Also the lane is meant for pedestrians only. If it was turned into a road, a traffic order would have to be obtained to permit vehicular access.
2007-12-18 01:24:28 · update #1
If your home is supporting the lane, you are already in violation of the building code. The city/county will probably condemn your home and force you to sell.
2007-12-17 12:43:39 · answer #1 · answered by STEVEN F 7 · 0⤊ 1⤋
If the access road is a 'right of way', it is just that, a way that the developer has a right to use. It's not his fault that your house is too close to the road. Besides, unless the road is so close to your house that the trucks' mirrors might scrape the paint off your house, then your walls are not supporting the road. If the road is original, undisturbed soil, then all of the pressure is going straight down, not sideways. What you should be concerned with is vibration. That is much more likely to affect your house than the weight of the vehicles, which makes it not a 'supporting the road' issue. I make that distinction so that you will use the right argument when addressing the situation with the developer or the building dept, or whoever.
2007-12-17 11:44:54 · answer #2 · answered by Anonymous · 0⤊ 3⤋
Definately go to the local council and tell them your concerns. Get a lawyer too. You may have an action in public or private nuisance if the building goes ahead.
2007-12-25 09:59:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would speak to the planning office of your local council first, telling them your concerns. Ask them to ensure that if it goes ahead the developer signs an agreement to make right any damage to your property. Also ask to see his liability insurance certificate. Good luck!
PS you should have been sent proposals for the new dwellings before he got planning permission, as this affecs you directly - did you?
2007-12-17 11:53:14 · answer #4 · answered by Heidi W 4 · 0⤊ 0⤋
You might want to talk to an attorney about it, but I wonder if you've acquired that portion of land by "adverse possession," (probably not) or maybe you've have an "easement" to the public lane. Talk to a lawyer and don't listen to these other people. They don't know what they're talking about.
2007-12-17 14:08:27 · answer #5 · answered by quad5 2 · 0⤊ 0⤋
read up on eminent domain laws. pretty much the powers to be can take what they want as long as they compensate you (money) with the "value" of the property which always turns out to be much lower than it should be. http://www.realtor.org/realtororg.nsf/pages/EminentDomain
2007-12-17 11:55:32 · answer #6 · answered by Stacey and Corey 3 · 0⤊ 0⤋
make your concerns known to your local council, and contact your MP or local councellor, keep a record of phone calls, and letters to these people, so that you have something to fight with at a later date, if the need arise's.
2007-12-17 11:39:18 · answer #7 · answered by josephrob2003 7 · 0⤊ 0⤋
Best to talk to an attorney, as you will likely start getting into eminent domain laws, and things of that nature.
2007-12-17 11:33:07 · answer #8 · answered by Anonymous · 0⤊ 1⤋
If ou are saying that your home is partially built on property that isn't yours, why should anybody but you be responsible for it?
2007-12-17 11:34:24 · answer #9 · answered by Jeff F 3 · 0⤊ 3⤋