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How do you know what your getting at auction?
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Hi,
I am very interesting in buying a plot with full planning permission at an auction next week. The trouble is that, having seen the 'legal pack' and downloaded the relevant docs from the relevant planning website, I have a whole host of concerns that I need answers to before I would even consider bidding at the auction. These concerns mainly revolve around identifying exactly where the boundaries of the plot are (the auction house has marked them out on site with wooden stakes, but they don't seem to tie up with the architects drawings). I fear that some of the issues may even invalidate the planning permission, so I really do need to get the answers, but I am finding it extremely difficult to get answers to my questions - it seems that no one is allowed to talk to anybody!
- The auction house/ estate agent says ' talk to your solicitor'
- My solicitor says 'you need to pay a surrveyor £300 to get the answers'
This is getting silly, surely the auction house should at least be able to tell you exactly what you are bidding on without having to fork out several hundred pounds. I would have thought that they would just seek clarification from the vendors and their solicitors, but they don't seem able to lift a finger!
How do I go about getting the answers I need?
Thanks,
Mark.
Short answer, you don't!
I would ask your Solicitor to write to the Vendors Sol. for clarification, but with it being so close to the date I doubt you'll have time. I don't believe a Surveyor will be able to give you a definitive answer unless it is very well described in the title deeds, but i'm guessing it isn't, otherwise you wouldn't be asking this question. The plan held by land registry is not accurate enough to pin point boundaries so they end up being where the owner and neighbours have agreed they are over time, talk to the neighbours.
This could of course be the reason why it's going to auction, rather than on the open market. Unless proved otherwise assume your suspicions are true. How much do you want the plot? Would you be prepared to apply for permission for a house that would fit on the plot? Have you checked the file at the Planning Dept. to ascertain how much objection there was to the application, if there wasn't much then you shouldn't have too much trouble modifying the permission, but obviously time and money will be lost. Also bear in mind that if you are building close to the boundary then depending on where neighbouring properties are located, then the Party Wall Act might come into effect.
Ok, thanks. I also think things are getting a bit tight with time - I have been waiting since Christmas to get hold of the 'legal pack', but it has only just been made available. I had hoped that it would contain the answers to my concerns, but it doesn't come close.
I should have mentioned - the plot is part of someone's garden that they are selling off - hence the land registry info is no good as the plot isn't registered yet.
I asked my solicitor today if we could get clarification from the vendors - but he was adamant that I needed a surveyor. Oh, well - the surveyor is now on the case, so we'll see what he says.
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