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Compensation for purchasers for undetected planning restrictions

By: Series: Journal of Planning and Environment Law ; December 2002, 1440-1443(4)Publication details: 2002Subject(s): Summary: 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.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66387 (Browse shelf(Opens below)) 1 Available 121247-1001

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.