Bingham Life (July issue)
Q. We currently live on the outskirts of Bingham but hope to move when the property market picks up. At the moment we can hear some traffic on the A46 so when the road is widened we will definitely hear more noise, as well as feel the effects of the increased fumes and smell. I’m worried that this is going to reduce the value of our property, but as none of our land will physically be affected by the works I’m not sure if there is anything we can do about this?
Will Cursham, Litigation lawyer at Fraser Brown Solicitors in Bingham, answers:
A. The short answer is yes; even if no part of your property was required for the development, under Part 1 of the Land Compensation Act 1973 you can claim compensation for the adverse effect on your property if you live near to a new road or road improvement.
There are no strict criteria to be met by the property, although the loss of amenity or enjoyment of your property must be as a result of physical factors caused by the use of the road such as noise, vibration, smell, fumes, smoke, artificial lighting and discharge onto your land – visual impact isn’t compensated.
Compensation will be determined on proximity more than anything else so as it sounds like you are very close to the new development there is a good chance that you would be successful in your claim under Part 1 of the 1973 Act.
It should be noted however that claims cannot be made until on or after the first anniversary of the completion of works. While this shouldn’t deter you from seeking advice now in order to be fully prepared, it may not tie in with your desire to move once the property market picks up. If you do want to sell your house before this first anniversary, you should advise the Highways Agency.
Fraser Brown is a dynamic law practice working at premises in Nottinghamshire through its branches in Nottingham, Radcliffe on Trent and Bingham.
Its philosophy is to deliver superior legal advice through a personal and highly professional service for both commercial and private clients. Since 1990, Fraser Brown has acquired eight established and respected local firms as part of its major growth strategy for doing business in the 21st Century.
Fraser Brown is one of the region's longest established firms of solicitors. Over the last 12 months, it has experienced significant growth in areas such as property, contract work, construction and general litigation.