Help Neighbour is a nightmare

[Luggy]

My friends have recently purchased a barn with planning to convert ex agricultural steel barn to home.
The problem is, on the plans the drainage system and soakaway are not within their curtilage and now the farmer is refusing them access to the land to install the drainage system and soakaway. The farmer is now demanding they buy the land where it needs to go.
Is this blackmail, have they been mis-sold, plus the structural report never highlighted that 15 of the 16 steel supports were severely corroded due to years of cow pee.
Conveyancing solicitor, planning and architect all refusing to help. Where do they stand.

 

[sxturbo]

Did they have a structural survey done on the property?

Is it a lot of land/ money the farmer insists they buy?

My view is the farmer is being a greedy wotsit, but I'd have thought this sort of thing came up in searches.

 

[Luggy]

They did not get a survey as the was a report with the planning to say they were structurally sound.
The barn was only £200k, they have a budget of £150k and the farmer is wanting an extra £35k for 0.2 of acre which is where the drainage needs to go.
There conveyancing solicitor is saying they are not to blame for error in not spotting this issue.

 

[KenGMac]

Luggy, good evening.

If an Architect drew up plans for the positioning of the Soakaway Etc. which is clearly outwith the properties curtilage, then the Architect is clearly at fault.

The problem of the rotted steel stantions, I have seen a couple where the corrosion was so bad the steel supports collapsed down on themselves, must have been visible at the time of the Structural survey? unless covered with a goodly depth of old rotting manure, OK I can understand missing a small area on one column but NOT 15 or 16 of them.

What are the chances of a court action against these [shall I call it] oversights?

Make formal complaints to the various professional bodies???

Ken.

 

[jacko555]

The problem is, on the plans the drainage system and soakaway are not within their curtilage and now the farmer is refusing them access to the land to install the drainage system and soakaway

I'm am a layman with no experience in these matters.
However, if the drainage and soakaway is servicing the property then surely they have a right to access and maintain it?
https://www.legislation.gov.uk/ukpga/1992/23/contents

 

[HERTS P&D]

They did not get a survey...........

This is where the problem started!

Andy

 

[Keithmac]

Amazing you'd penny pinch on a proper survey when spending £200k, beggars belief really. Only themselves to blame imho.

 

[Luggy]

Unfortunately my friend (50) was recovering in hospital from a stroke when sale was going through so hubby is getting it in the neck.
They can't afford the extra land, so they can't even start the build. The farmer is refusing them permission to "trespass" on the land where the drainage system is supposed to be installed.
A concrete slab needs to be removed, whilst doing this, all the support beams were exposed, so only now extent of determination has been found.
Farmer has now put a rockery where they were supposed to access the designated parking area.
The whole thing is becoming a nightmare for them.

 

[KenGMac]

Luggy, good evening.

If an Architect drew up plans for the positioning of the Soakaway Etc. which is clearly outwith the properties curtilage, then the Architect is clearly at fault.

The problem of the rotted steel stantions, I have seen a couple where the corrosion was so bad the steel supports collapsed down on themselves, must have been visible at the time of the Structural survey? unless covered with a goodly depth of old rotting manure, OK I can understand missing a small area on one column but NOT 15 or 16 of them.

What are the chances of a court action against these [shall I call it] oversights?

Make formal complaints to the various professional bodies???

Ken.

OK if your friends did not instruct the survey and relied on information provided, there is a problem in that they do not "own" the original survey and as such have no real rights of redress.

What can be attempted is gross misrepresentation ?? not an easy one ??

Ken

 

[Keithmac]

Surely they can't build on the farmers land regardless, sounds like a complete fxxk up.

You can see it from the farmers point if view, I wouldn't give my garden up..

 

[jacko555]

on the plans the drainage system and soakaway are not within their curtilage and now the farmer is refusing them access to the land to install the drainage system and soakaway.

I'd assumed, wrongly, that the above meant there was an existing drainage system servicing the barn...
If this is new then,.of course, farmer is correct

 

[HERTS P&D]

Unfortunately my friend (50) was recovering in hospital from a stroke when sale was going through so hubby is getting it in the neck...................

This is mistake No. 2. The sale should of being put on hold due to 'new owner' being in hospital.

Andy

 

[KenGMac]

As a "Wild Card?"

There on the face of it appears to be a form of Mis-representation by the vendor, based on inaccurate and possibly Mis-leading information provided by the vendors professional advisors. Or at worst collusion by the vendor + advisors + Farmer,

Who owned the property pre-purchase? was it the farmer who is now [legally] heaping all sorts of impediments?? just a consideration??

The Mis-Leading information was acted on in utmost good faith by the Purchaser??

As stated a [very] Wild Card.

Ken.

 

[Luggy]

The farmer is the seller of the barns and they are the ones who had the plans drawn up. Strangely the neighbouring barn are in same predicament however the farmer's are allowing them to install the drainage on land outside if their curtilage. I think it is a clash of personality too.

 

[sxturbo]

The farmer is the seller of the barns and they are the ones who had the plans drawn up. Strangely the neighbouring barn are in same predicament however the farmer's are allowing them to install the drainage on land outside if their curtilage. I think it is a clash of personality too.

Did they pay for the privilege?

It sounds rather shady from the farmer tbh

I think it might be worthwhile to swallow ones pride and sit with the farmer and try and hash out an agreement.

Maybe offer money to place the drainage and soakaway, he gets to keep the land, and for a small monetary sum your friends get to dig a hole and fill it in and put it back as they found it. Don't pay all upfront, pay 50% upfront and the remainder once finished.

Otherwise it sounds like they'll have to pay the 32k.

Or spend years in court arguing the toss about misleading sales etc.

Imo the conveyancing firm should have realised the plans showed the drainage in land that wasn't part of the sale, but Im not sure how skilled conveyancers are in reading plans Vs land agreed for sale. My view is that conveyancer's should be doing their upmost to protect their client. If they aren't there for that then you may aswell just do the house sale yourself

Is it possible for the drainage and soakaway to be redesigned so it is on your friends land?

The drainage is this for sewage?