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Any conveyancing experts out there?

7 replies

usedtobeboss3 · 28/03/2021 17:22

Or just anyone who knows more than me..

Would a normal search on a property for a buyer usually identify approved planning permission for a neighbouring (directly adjacent) property - particularly if the pp was for a high wall (11 ft) and an even higher studio less than 20 ft from, say, someone's kitchen window?
It's a long story, but my mum bought a new-build on a retirement estate (well-known company...); she knew there was a planning application relating to her neighbour's house (pre-existing, not part of the development) but no-one ever told her that pp had been granted, and the search didn't show up anything. The developer and solicitors are blaming each other (we have complained to both), and it would be good to know whose responsibility it should have been. Solicitor claims that a normal search woudn't show anything about a neighbouring property, and that she should have asked specifically if she'd wanted this - is this true?

OP posts:
Campervan69 · 28/03/2021 18:01

Your solicitor is correct it would not show up anything regarding the neighbouring property and we always point this out to clients in our standard title report when we send them search results.

Goinglive · 28/03/2021 20:04

Your solicitor is right. Searches do not look for pp on neighbouring property.

usedtobeboss3 · 28/03/2021 21:11

Thank you for clarfiying.
I'd read stuff suggesting that a search would show up anything affecting a property, but it's useful to know if that's not true.
So, the developer is wrong to suggest that the solicitor should have identified it as a problem?

OP posts:
MinnieMountain · 29/03/2021 11:08

Correct. Additional searches can be done to check for planning in a wider area but are normally only mentioned if the client expresses a specific concern.

Ahbahbahbah · 29/03/2021 11:17

Yeah, that just doesn’t show up on a normal search.

usedtobeboss3 · 29/03/2021 12:51

Brilliant - thanks. That's really useful.

OP posts:
HumourReplacementTherapy · 29/03/2021 16:36

Our surveyor highlighted the planning application in the house next door to the one we made an offer on.
The searches just came back with
"There are X large scale and Z small scale within x number of meters". If you wanted further info it suggested an additional planning search.

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