Our estate is being prepared for sale.
The estate consists of a house and two vacant adjoining blocks. It was decided to dispose of the vacant blocks first. The original house was badly positioned and aligned on the first block, and the parents extended a patio over the adjoining second block. In addition there were natural rock retaining walls and tree plantings alongside the patio to block the sun.
The executor sought legal opinion as to whether or not remove the patio portion that extended over the adjoining block. The estate lawyer said there was no legal reason to wholly or partially remove the patio and retaining walls and structures, but that IN HIS OPINION it would improve the saleability and value of the block.
Both the executor and the estate agent suggested that none or partial removal would suffice, including simple fencing, a cut and partial removal.
On the basis of the opinion of the estate lawyer, the patio was cut off and all walls etc removed. We now have a bloody great hole alongside the house, half a patio, unstable earth, with the trees looking as if they will fall into the hole, now that they are undermined. Its a bloody ugly mess that depletes the value of both the block and the house, and will require the estate to spend money on stabilisation and probable removal of the tress.
1) Now the lawyer said there was no legal reason to remove the structures. He made a COMMERCIAL decision.
2) The agent said there was no COMMERCIAL need to remove the structure for sale and the executor agreed with him.
Now they are blabbing about what to do to prevent the trees and earth from coming down etc.
Whose responsibility is it to fix the mess - ie who needs to be held accountable? I'm quite sure that are all going to run for cover, and I don't think the executor is going to sue himself or pay out of his own pocket.
How do I get compensation and rectification?
The estate consists of a house and two vacant adjoining blocks. It was decided to dispose of the vacant blocks first. The original house was badly positioned and aligned on the first block, and the parents extended a patio over the adjoining second block. In addition there were natural rock retaining walls and tree plantings alongside the patio to block the sun.
The executor sought legal opinion as to whether or not remove the patio portion that extended over the adjoining block. The estate lawyer said there was no legal reason to wholly or partially remove the patio and retaining walls and structures, but that IN HIS OPINION it would improve the saleability and value of the block.
Both the executor and the estate agent suggested that none or partial removal would suffice, including simple fencing, a cut and partial removal.
On the basis of the opinion of the estate lawyer, the patio was cut off and all walls etc removed. We now have a bloody great hole alongside the house, half a patio, unstable earth, with the trees looking as if they will fall into the hole, now that they are undermined. Its a bloody ugly mess that depletes the value of both the block and the house, and will require the estate to spend money on stabilisation and probable removal of the tress.
1) Now the lawyer said there was no legal reason to remove the structures. He made a COMMERCIAL decision.
2) The agent said there was no COMMERCIAL need to remove the structure for sale and the executor agreed with him.
Now they are blabbing about what to do to prevent the trees and earth from coming down etc.
Whose responsibility is it to fix the mess - ie who needs to be held accountable? I'm quite sure that are all going to run for cover, and I don't think the executor is going to sue himself or pay out of his own pocket.
How do I get compensation and rectification?
