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+--- Thread: Honour amongst thieves (/showthread.php?tid=5359)
Honour amongst thieves - Jack - 13th October 2014
Think all you have to do when you've bought land is to register it:
https://www.gov.uk/registering-land-or-property-with-land-registry
This seems to clear up some things, but its to do with houses:
https://www.gov.uk/buy-sell-your-home/transferring-ownership-conveyancing
But as usual its vague in what the seller has to do:
The seller is responsible for drawing up a legal contract to transfer ownership.
The contract contains details about:
- the sale price
- the property boundaries
- which fixtures and fittings (like carpets and kitchen units) are included
- any legal restrictions or rights, like public footpaths or rules about using the property
- any planning restrictions
- services to the property, like drainage and gas
- when the sale will complete
- draft the initial contract
- answer questions from the buyer’s solicitor or conveyancer (with the seller’s help)
- negotiate the details of the contract if necessary
Seems to say only have to declare existing planning restrictions not potential ones. I guess its one of those 'for the solicitors to sort out' situations.
But I would assume there is no onus on a seller to declare any possible planning restrictions as that would be amazingly impossible to do.
In this case though, as I understand it, your working for the buyer and not the seller.
Completely guessing the legal stuff (anyone know the actual legalities?) a court case would have to ensue to prove the point that your appraisal on the sites archaeology would stand as known planning restriction.
Equally I think your client is within their rights to take you to court to test whether your advice was sound and a fit product under the rights of a buyer? Dunno.
Its all a bit strange and unusual to me.
Honour amongst thieves - Steven - 14th October 2014
P Prentice Wrote:not many solicitors seach for known heritage assets let alone unknown ones. i have quite a few clients who pay me to advise on the likelyhood that mounties will require work on a given opiece of land. they are buyers not sellers. i have even sold the same advice to different clients if it is pre-planning it is intelectual property which as we all know is always for sale.
i generally charge £1200 - £1500. if i was a chartered archaeologist i would probably double it.
Hi
Do you refund your client if your advice about what a curator requires is wrong?
Honour amongst thieves - P Prentice - 14th October 2014
Steven Wrote:Hiit is not wrong. it is calculated
Do you refund your client if your advice about what a curator requires is wrong?
Honour amongst thieves - P Prentice - 14th October 2014
Marc Berger Wrote:Jack buyer beware does not really exist, where is it enshrined in an Act of Parliament or EU treaty. Seems to me that most trading laws are to protect the customer from being misled by the seller with a lot of onus on the seller having to define what they are selling. Yes buyers get searches done by solicitors. Seems to me now that planning authorities are trying to make HERs compulsory, that any information or consideration about the archaeology of the site is a potential liability and everybody SELLING land and particularly that which is intended for development should consider the cost of archaeology particularly if they have had more time on that land and should therefore be more informed than the buyer.
http://www.search4solicitors.com/article.php?ArticleID=18
archaeological deposits are intangible until they are in an archive. how could a seller define an intangible?
Honour amongst thieves - Dinosaur - 14th October 2014
From recent experience, archaeological deposits are pretty tangible when there's a site meeting about how they want them shifted before the end of the day...
Honour amongst thieves - P Prentice - 14th October 2014
Dinosaur Wrote:From recent experience, archaeological deposits are pretty tangible when there's a site meeting about how they want them shifted before the end of the day...ah - but we are not all armed with your x-ray vision so we cannot so easily predict how mant finds, how many seeds and how many phitoliths we are about to recover
Honour amongst thieves - Steven - 15th October 2014
P Prentice Wrote:it is not wrong. it is calculated
Hi
You could ask the curator and never need to be calculated simply right every time.
Steve
Honour amongst thieves - Marc Berger - 15th October 2014
Have curators given advice to sellers to inform buyers?
Honour amongst thieves - P Prentice - 16th October 2014
Steven Wrote:Hi
You could ask the curator and never need to be calculated simply right every time.
Steve
in a business world time is often money
in a curator world time is often irrelevant. some curators take months to provide advice
some clients want pre planning advice some clients want to know if they can get to do work post condition
some clients dont want curators to know what they are planning
some curators dont know what they want until they get a dba
some curators make developement diffcicult for some clients
its a funny old world but some of us do it to make money
Honour amongst thieves - Dinosaur - 16th October 2014
P Prentice Wrote:ah - but...we cannot so easily predict...how many phitoliths we are about to recover
You been hanging about with some version of SeedyGirl? :0