Land Compensation Act Part 1 - Clee Tompkinson Francis

[isidore]

I've had an interesting letter in the post with regards to the development of a link road on the M4 which I believe is planned to ring round my house, though how close I'm not sure yet....

 

The letter says that I could be entitled to compensation for physical factors such as noise, dust, fumes, vibration etc and the effect on my property, associated with road use during construction and after opening.

 

It says that CTF are an established firm with extensive expertise in highway matters including Part 1 claims.

 

It relieves my fears (!) by stating that if I am concerned about fees, I can be assured that if my claim is successful all costs involved will be reimbursed by the highway authority - nothing I didn't know already BUT "if for any reason the claim should prove unsuccessful, then the issue of fees would not arise and the file would be closed without any charge to yourself".

 

And that's when they lost me.....I'm never a great believer that anything in life is free, so what gives? How can they state there would be no costs to pay?

 

I am intrigued by the prospect of compensation from this project, but a bit put off by a sol soliciting me stating I won't be liable for any costs. Anyone got an opinion? Just interested in what others think?

 

 

Cheers

[zootscoot]

It sounds like a no win no fee arrangement. Generally they take a large percentage of any compensation and they may ask you to take out an insurance policy in the event you don't win.

[isidore]

Right.

 

Proceed with caution then? See what they have to say but don't agree to anything?

[zootscoot]

You can check out to see if the firm is a reputable company. If its a law firm check out the Law Society register. If its a claim management company there is also a register.

 

There is nothing wrong per se with hiring someone to do this for you indeed they may well be able to get more compensation than you would be able to yourself especially if they do specialise in this area. Its worth making an enquiry and maybe also seeking out other firms that could help and whether they offer more favourable terms or see if it is something you feel you are able to take on yourself.

 

Best to look at all angles before committing yourself and always read the small print

[isidore]

Ok cheers for your advice. The planned development hasn't started yet and it says my claim has to be in before the road is opened so I've got plenty of research time

[midge61]

Hi

 

Takke a look at the following link to the Highways Agency

 

Highways Agency - Compensation

It states:

Compensation under Part I of the Land Compensation Act 1973 may be payable if you live near to a new road or road improvement but no part of your property was required for the development. Claims are normally submitted on or after the first anniversary of when the new road or improvement was completed. However, if you intend selling your house before the first anniversary you should advise the Highways Agency.

 

so it might be worth contacting the HA to find out if this link road proposal is for real and when for.

[Ms-Pacman]

I may be able to advise you here because I work in something that deals with lands claims part 1. Whenever a major development is required then the developer is liable to pay any Lands Part 1 claims which can be made up to 6 years after completion of the works by properties that are affected - ie noise.

 

Quite often I find small companies deicde to contact people who live locally to advise them of this so they can make money on your claim. Usually a company will do a fly drop in an area where they learn a development is happening as all these have to be in local papers for the planning permission before they go ahead.

 

You don't need to use these companies and can complete a form to submit it yourself.

 

I suggest you visit:

Highways Agency - Compensation

 

there is a guide on how to make a claim but do call the number and ask for advise as this is something that is paid by private developers and not neccessary comes from tax payers money.

 

Hope this helps you.

[isidore]

Excellent stuff! I won't be ringing them after all.

 

Thanks v much ms pacman

[Ms-Pacman]

not a problem, good luck on your claim and dont forget to ask about interest as well as this is usually up to the end date for all claims to be received by.

[isidore]

not a problem, good luck on your claim and dont forget to ask about interest as well as this is usually up to the end date for all claims to be received by.

 

Sorry, can you explain? From the date of MY claim to the end date for all claims? Is that what you mean?

[Ms-Pacman]

I'm pretty sure its till the end date that all claims can be received by. I'm back at work on monday and will check for you and let you know