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highway search

highway search

Postby woodchip35 » Sun Oct 25, 2015 3:48 pm

If a buyer of a property buys a highway search and relies on it without inspection of the highway and proceeds to exchange contracts to purchase a property and prior to completion finds the said highway fully blocked by a dispossessed former proprietor of the property being purchased, and the local authority have been in knowledge (for some 5 months) yet failed to act to the point where the buyer negotiates at a cost to cancel the contract (due to being unable to access the property without threat) and suffering a partial deposit loss, legal costs and lost of profit, would the purchaser have a claim against the Local Authority for not clearing the said highway?
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Re: highway search

Postby dls » Sun Oct 25, 2015 6:00 pm

Sorry, but you will have to clarify the 'highway search'. It is the buyer's solicitor who has to confirm that adequate rights of way are available.

He has carried out a local search which includes many assorted questions of the local authority. These include

Which of the roads, footways and footpaths named in the application for this search (via boxes B and C) are:
highways maintainable at public expense

Thus the answer depends upon just which roads are named.

If a property is served by "highways maintainable at public expense" then it should have the rights, but a negative answer does not always mean that sufficient rights do not exist.
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Postby woodchip35 » Sun Oct 25, 2015 9:53 pm

Last edited by woodchip35 on Sun Oct 25, 2015 10:49 pm, edited 1 time in total.
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