Legal and moral dilemma
I built my house in 2003 near a river - I wasn’t from the area and locals didn’t warn me that I was building on a flood plain. Council granted planning permission.
The important piece is that my house has never been flooded, nor have neighbours down the road. Occasionally, once or twice a decade, when rainfall is high, my driveway will flood and cannot access the house unless wading through the water. No other access points due to houses behind us.
My husband and I are legally separating and want to sell the house and still have a mortgage. In this economy we need to get the maximum we can to cover rest of mortgage and still leave us both with something small.
I’m struggling with this both legally and morally. I feel guilty about the idea of not disclosing the flood risk affecting access, but at the same time I’m trying to do what’s best for my family’s future. I also feel that the house should never have received planning permission in the first place given the surrounding area’s flood issues, and I feel put in a difficult position because of that.
I would appreciate guidance on whether I am legally obliged to disclose that the access road can flood, even though the house itself has never flooded. If I do not volunteer this information, could I be sued?
Thank you in advance!