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How Do We Sell A House Built On A Mineshaft?

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semlloyd16 | 15:07 Tue 20th Aug 2013 | Property
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My mum is currently trying to sell the family home we have lived in for 20 years, sadly my father passed away 6 years ago and the 3 of us can no long afford to live in the 5 bedroom house.
Unfortunately we have had 2 sales fall through due to the fact the house was built on a mineshaft. All safety precautions were carried out when the house was built, and a structural report on the house shows that the chances of any subsidence is completely minimal. However in the deeds to the house there is some ambiguity on whether the homeowner would be liable to pay for damages if something were to happen to the house (i.e. if the house falls down, the homeowner would have to pay and not the coal authority).
No one seems to be able to give us a solution to this problem, we are running out of options and running out of money, we are trapped in what seems to be a hopeless situation. Can anyone give me any ideas on what to do? Any advice would be welcome, we are desperate.
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I think you need to sort out the ambiguity in the deeds and get a solicitor to tell you exactly who is responsible. If it is the owner, you'll have to drop the price (but saves it from being you, if you move) and if it is the coal authority, you'll have a legal document to show prospective buyers. In all honesty, it would put me off and would have to be very cheap to take the risk. Sorry.
When the house was being bought didn't the lawyer then do the proper checks? If they're still in business there might be grounds for an action against them for negligence.
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Apparently my Mum and Dad were not told of any of these possible difficulties when they bought the house, but we've been told that solicitors only keep records for 12 years and it has been 20. Nevertheless we will try and get in contact with the original solicitor.
Looks like we will have to drop the price, but the whole point of selling was to get out of the debt we're already in
Sem...may I ask in which county you live and have you had any communications with the coal authority?
Were I a potential buyer, no matter what paperwork I was shown I'd ask myself, "How difficult would this be to sell when I wish to move away ?", and then run a mile.

Apologise for being negative but I think you'd need to lower the price such that a buyer could rent out and cover the costs within a few years, and so not be so concerned if stuck with a difficult to sell property afterwards.
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Re. gness: i live in staffordshire, and as far as i'm aware we've not had much communication with the coal authority. We have received letters from them in the past saying that the mine is safe by their standards. I have tried emailing them about the liability issue, but I can't seem to get a straight answer off anyone. I think it always comes back to the deeds of the house
If, as you say, this was part of the plan to get out of debt, then I think you need to reassess. This asset does not seem to have the value you hoped for and maybe you'd be better living there and trying to find a more realisable source of money.
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"If, as you say, this was part of the plan to get out of debt, then I think you need to reassess. This asset does not seem to have the value you hoped for and maybe you'd be better living there and trying to find a more realisable source of money."
I don't think it's as easy as just "reassessing". The house costs far more than we can afford to run (bills, mortgage, council tax etc.). Continuing to live there is a constant drain on what little resources we do have. My Mum is a reception teacher and i don't really see how she will suddenly be able to pluck more money out of thin air.
Sem....I think the coal authority may...just may...have some responsibility if they are the cause of the problem. They will say it is safe by their standards but maybe more investigation is needed by an outside party.
I have no experience of mining damage...my experience is in a slightly different area but there may well be someone with more knowledge.
Keep looking in just in case....and don't despair yet. This is a good site for knowing someone who knows something....so you may be lucky...☺
As there are 3 of you in a five bed house, how about taking a lodger. Under the rent a room scheme your Mum can charge £4250 per year without paying any tax on it. It could give you a breathing space while you try and sort out the liablity issues.
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That seems a reasonable option if you can tolerate sharing your home with a stranger.
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Re. ubasses: Thank you, taking in a lodger is something we have discussed but are a little wary of as we don't know much about it. Definitely something we should consider more i think.
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Does it have a garage that there may be a demand for ? I know I once tried to rent out mine, but the lane to get to it put off potential interest, I think.
Get a solicitor to contact the coal authority or ask them yourselves to see the report on the mine. Your luck may be in if there is any sign of subsidence . A house in our local village was seen to have subsidence and the coal authority paid for it to be demolished and a very smart new one to be built a bit further away. You need to contact the coal authority,We bought a cottage with some land and locals said there were mine shafts under the land so we commissioned a report that was 2 years ago and it cost us £80. We got a plan back with the position of the shafts and a drift mine that had been on the land, thankfully no where near the property.
There is nothing wrong with taking in a couple of lodgers-my friends all lodge and are throughly decent people who have proffesional jobs or are students. Just write out a list of rules get them to sign it and thats it. The other option is to rent the whole house out-either privately or through the council and live elsewhere where its cheaper so your making profit. 5 bedroom homes are well sought after by the council/families who cant get a mortgage. apart from that How old is everybody-if everybody is at an age where you can all work then all should be contributing. (im not asuming nobody is) If all else fails then sell the house at a lower price and find a small flat/house somewhere with the proceeds. If anybody has to rent in future remember housing benefit can help with the rent if someone is on a low income
We have a house with, supposedly a mineshaft but I haven't seen the definitive map that shows its location. Im trying to trace it through national Library of Wales.
Our locality is covered in mines on the coal Authority interactive map and it looks like a large area has measles.
I have been in touch with my local MP and the problem of shafts is covered by the CA and there was supposed to be discussions with lenders, solicitors, CA and estate agents in the 2000s but lately the lenders are being over cautious.
Our property was built in 1890 and looks as solid as the day it was built as a manse for a local chapel. Builders, estate agent, solicitor all think it is lubricous that potential buyers, two, can't get mortgages.

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