I read the follow extract from The Law Society Conveyancing Manual 2006, and I regard what they are saying as being their opinion on the law.
It states in Chapter 5 Part 5.9 on Estate Services “The Committee feels therefore that there is no necessity for practitioners to inquire into the length of the bond or adequacy of a bond or other security when acting for a subsequent purchaser of a new house on a housing estate. It is sufficient for the first purchaser of a new house to assume that all of the financial conditions contained in the planning have been complied with at the date of completion of purchase”.
Question 1: Is this regarded as the law in this area, or must it be ruled upon in court first?
Question 2: Usually, would the opinion of The Committee be persuasive to the judge who would be ruling upon such a matter? Is it highly likely that the judge would agree with The Committee?