July 22, 2010
A Sussex couple are battling for compensation from their home’s former owners after the sellers failed to explain that a new road would overlook their property.
Before Nicholas and Dinah Morgan both the £1.7m Wadhurst property, former owners Alan and Ann Pooley praised the plot’s highly secluded setting. But, when the Morgan’s awoke one day to find a new road being built alongside the property’s eastern wall, they felt they had been lied to prior to signing the deeds.
The Morgans say that when they bought the property three years ago, sales literature described it as “enjoying a high degree of seclusion and privacy”. The only neighbours listed were the local wildlife but a planning application for the road had already been filed and agreed.
The Morgan’s legal team argue that the new road has “had a severe effect” on their daily lives, as nearby farmhands can see straight into their bedrooms, bathrooms while overlooking their newly installed hot tub.
The Pooleys have so far denied any liability and refuted the Morgan’s claims of sale by deception.
In launching a six-figure compensation claim, Mr Morgan told the High Court this week: “It is entirely incomparable to what preceded it. This has had a serious effect on the value of the property due to its proximity to the swimming pool and the tennis court.”
Opposition arguments claim the Morgans could simply erect a fence to keep prying eyes away, but they feel such ‘eyesores’ are not a tenable solution.
“The idea of having an eyesore of a board fence for the next ten years, was abhorrent,” Mr Morgan added. “Aesthetics and looks are quite important to me and my wife.”
The High Court will rule over possible compensation at a later date.
