Back in April this year we moved into a 4 year old house (on an estate) which backs onto a single carriageway A road. There's an embankment and trees in the way and the negative of some road noise was offset by the positive of not being overlooked.
Early in the purchase process we discovered that the road was scheduled to be widened into a dual carriageway (further from the house not nearer) but we decided that this wouldn't necesaarily mean double the noise etc and stilll wanted the place.
Anyway, we've moved in...very happy etc etc....but have recently received letters from two different surveying firms offering to get us compensation for the future dual carriageway on a no win no fee basis. So I guess my question is a moral one - on the basis we already knew about the plans - isn't claiming for compensation a bit like moving next to Heathrow and then moaning about aircraft noise?
Or is it a case that the Highways Agency will have put money by for this and we're entitled to it?
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It is of course possible that the compensation is only available to those who bought before the plans were made public.
That said, it would be hard not to claim an amount (probably in the single thousands) that all your neighbours were claiming, if ther is no time limit. Think of it as Gordon giving you a special thank you for all the extra money he's taken off you in stamp duty, fuel tax, VAT, NI.....
If the companies are offering it no win/no fee, then you can be certain that you could follow the process yourself and save their 30% cut!
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The widening plans were clearly already available to anyone interested, including the seller, so I think you can assume fairly that the likelihood of compensation was reflected in the price you paid for your property.
If the plans had been cancelled, would you have rushed to send the seller a few thou because the house was more valuable than you thought?
Claim whatever you can with a clear conscience, but try to avoid the no win, no fee mob.
Zebra
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From my very sketchy knowledge of compensation where no land is taken (it's a few years since I did this at college!).
You have two routes to compensation, which will have been budgeted for by the agency who carried out the works. It may be interesting to call one of these no win no fee companies and ask them a few questions based on the following:
You have a possible claim for reduction in value due to the road being there - i.e. when selling the house it will be worth less because you now live opposite a dual carriageway. This is covered under S10 Compulsory Purchase Act 1965. Claiming under this rule is quite difficult because whilst the value may have reduced by the presence of the road (not by it's use), there is no physical interference with any of your legal rights. You can still enjoy your property and I assume it's not blocking light or access etc. Basis of compensation is set out in the 'McArthy Rules' - 1874.
The second part of the claim is for reduction in value caused by the works being used - dual carriageway - more traffic, more noise etc. This is claimed under Part I of Land Compensation Act 1973. You can only claim this once the road has been open 12 months and claims can be made up to 6 years after this date.
For both i'd try and find a surveyor who is well versed in Compulsory Purchase law and carries out this work regularly and work on a fixed fee basis. I'd avoid no win no fee set ups.
Don't forget too that if your house does lose value you may be entitled to appeal your Council Tax banding.
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Thanks for the replies!
Yes, the claim would be for the second part....resultant loss in value. That might be difficult to assess because there are a number of variables and no other houses of similar type away from the road on this particular development.
Both firms that have written are Chartered Surveyors. One is win or lose, no fee (claiming costs from the council), the other one wants 10% plus VAT from any compensation awarded (with additional reimbursement from the council under the Rydes Scale?).
Out of interest, you've all said avoid the no win no fee brigade.....any particular reason for that?
Thanks!
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if you need to cold call to get litigious business maybe there are better companies about..
i always find when using a solicitor word of mouth is always worth a thousand flyers...........and never lost an argument in court yet (touch plastic)
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Out of interest, you've all said avoid the no win no fee brigade.....any particular reason for that?
Ambulance chasing leeches.
You can try for compensation from the council or highways authority and it makes no difference if you knew of the construction or not.
If you didn't know because your solicitor didn't find out during their searches, then that could have been another avenue to pursue compensation from.
Martin
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