Compensation for purchasers for undetected planning restrictions
Baines, A.
Compensation for purchasers for undetected planning restrictions - 2002 - Journal of Planning and Environment Law December 2002, 1440-1443(4) .
Examines the issue of compensation payable to purchasers for an undetected agricultural restriction with reference to "Smith v South Gloucestershire DC" (CA Abs65982). The defendant council was deemed liable to pay compensation to Smith under the Local Land Charges Act 1970 s10 for failing to register an agricultural occupancy restriction. Smith was awarded £292 500 compensation (hearing date valuation) rather than £197 500 (discovery date valuation). In the light of "Smith", considers the circumstance in which local authorities will be liable for omissions to the local land charges register and looks at the effect that the judgment may have on professional negligence claims generally. Case law.
ALCOA MINERALS OF JAMAICA V BRODERICK
LOCAL LAND CHARGES
PROFESSIONAL NEGLIGENCE
LOCAL LAND CHARGES ACT 1975 S10
COMPENSATION
AGRICULTURAL OCCUPANCY RESTRICTIONS
PLANNING RESTRICTIONS
VALUATION DATE
Compensation for purchasers for undetected planning restrictions - 2002 - Journal of Planning and Environment Law December 2002, 1440-1443(4) .
Examines the issue of compensation payable to purchasers for an undetected agricultural restriction with reference to "Smith v South Gloucestershire DC" (CA Abs65982). The defendant council was deemed liable to pay compensation to Smith under the Local Land Charges Act 1970 s10 for failing to register an agricultural occupancy restriction. Smith was awarded £292 500 compensation (hearing date valuation) rather than £197 500 (discovery date valuation). In the light of "Smith", considers the circumstance in which local authorities will be liable for omissions to the local land charges register and looks at the effect that the judgment may have on professional negligence claims generally. Case law.
ALCOA MINERALS OF JAMAICA V BRODERICK
LOCAL LAND CHARGES
PROFESSIONAL NEGLIGENCE
LOCAL LAND CHARGES ACT 1975 S10
COMPENSATION
AGRICULTURAL OCCUPANCY RESTRICTIONS
PLANNING RESTRICTIONS
VALUATION DATE