I feel sick - solicitor has been negligent. Please help!

foreversummer

Hi

I'll try to be brief.

Completed on a house purchase in October 2006.

During the conveyancing process, we were advised by our solicitor that there had been a boundary dispute some twenty years or so ago, but everything had calmed down and nothing had happened since. We were then advised that our solicitor would get a Statutory Declaration from our vendors who had owned the house for the past 17 years.

We were then told that everything was OK and that we were ready to exchange and we duly completed.

When the solicitor applied to registed the land (it was previously unregistered), we find that a small part of our front garden is not included in our title as it belongs to someone else. On enquiring to our solicitor we find that this strip of land is the disputed boundary. Now our solicitor has been very slow to respond to my phone calls and e-mails since and I have had to get quite firm with them to see where we go from here. However, this morning I was contacted by a locum who says he is looking at it for us and he drops the bombshell that in the Statutory Declaration made by our vendor says that they were contacted twice by the owner of this land, the last time being July 2006!

I've telephone the solicitor who dealt with the conveyancing this afternoon and she says that she cannot remember the Statutory Declaration saying this and that she only exchanged because her boss pass her the file and told her that it was OK to do so.

I feel sick to the bottom of my stomach. We love this house, but would not have bought it if we'd been properly informed.

I'm at work tonight and cannot talk to my husband so I'm trying to keep focused on my work but need to tell someone!

Sorry for the long post. I do not know where we go from here or how the solicitor can put it right but I guess I have a case for negligence.

Foreversummer

clutton_2

""we find that a small part of our front garden is not included in our title as it belongs to someone else"

before you get too upset - how much land are you talking about ?

have you downloaded your site plan from the Land Registry (£3)

have you talked to the land registry - they are very helpful to members of the public - that is part of their brief. if your local office is not helpful, phone another area.

Get the correct facts behind you first - before getting solicitors backs up - they close ranks very quickly if challenged.

It is often easier to challenge unregistered land - so dont get too downhearted too quickly

good luck

foreversummer

Thank you ehs and clutton for your replies.

I have asked my solicitor in an e-mail today to forward a copies of the Statutory Declarations without delay. I was wondering rather than going to another solicitor if we should contact the Law Society instead. Any thoughts?

With regard to the piece of land. The Land Registry have sent us a copy of the plan of our garden which shows the piece which is excluded. This land is registered to someone else under a separate title. There are no actual sizes shown, but it is sort of wedge shaped, probably around 5 feet at the front boundary with the road going into a point half way up the side of our house. It is very hard to see how the owner could possibly make use of it.

Trouble is, now I am just waiting for a knock on the door from the owner. I don't know if he becomes aggressive or what he has said in the past so I guess I will have to wait to see the statutory declarations. I guess it is the stress of this that is actually bothering me most at present.

Foreversummer

foreversummer

Thank you ehs and clutton for your replies.

I have asked my solicitor in an e-mail today to forward a copies of the Statutory Declarations without delay. I was wondering rather than going to another solicitor if we should contact the Law Society instead. Any thoughts?

With regard to the piece of land. The Land Registry have sent us a copy of the plan of our garden which shows the piece which is excluded. This land is registered to someone else under a separate title. There are no actual sizes shown, but it is sort of wedge shaped, probably around 5 feet at the front boundary with the road going into a point half way up the side of our house. It is very hard to see how the owner could possibly make use of it.

Trouble is, now I am just waiting for a knock on the door from the owner. I don't know if he becomes aggressive or what he has said in the past so I guess I will have to wait to see the statutory declarations. I guess it is the stress of this that is actually bothering me most at present.

Foreversummer

eira

Agree totally with Clutton-solicitors do close rank-particularly if they have made a mistake.
1)Land Registry are excellent and checking the deeds will cost £3-£6 on line depending on what info you want.
2)Law Soceity helpline is initially very helpful-but beware the difference between what constitutes poor service vs negligence. If it's 'poor service' the Law Soceity can make the solicitor put it right if it's 'negligence' they'll cheerfully tell you to 'go to court'.

Now once you're on the negligence route you are in deep trouble because no one will help. Somewhere there may be a legal professional that is concerned about equity and justice - but they must be as rare as slug feet. Stick out for the 'poor service'-you might get something done.

clutton_2

i had a piece of land "given" to me when my house was registered for the first time a few years back. it turned out to be on my deeds because a solicitor in the 1960's made a mistake. the other "owner" and i compared our deeds and discussed it and i talked to the landregistry who do have a procedure for all this - but in the end we came to our own agreement.

is it worth fighting for ? if you cannot make use of it ............ ????

foreversummer

Its all there in the Statutory Declaration! Our vendor has been battling over this peace of land since 1993. Seems that our vendor were not forthcoming with the information initially, but then our solicitor asked them to make the statutory declaration. Our solicitor just didn't bother to tell us!

He is now trying to say that there was not enough information forthcoming from our Vendors and he is pursuing that route. Pass the buck time I guess.

I understand there are solicitors who specialise in suing other solicitors, and we do have the legal expenses cover on our house insurance. Dread the thought though of years of wrangling.

The odd thing about all this is that the dispute is not with a neighbouring property. If that were the case I think we would just say have the land we'll move the fence. But it is owned by someone else who cannot make any use of it because of its size and I guess it would just become a waste ground, ideal for every local youth to hang out in. This is the most worrying aspect.

Foreversummer

Nicki

eira wrote: »

Now once you're on the negligence route you are in deep trouble because no one will help. Somewhere there may be a legal professional that is concerned about equity and justice - but they must be as rare as slug feet. Stick out for the 'poor service'-you might get something done.

Total Rubbish. Solicitors are as cut-throat as any other profession, and we love to show up the mistakes our competitors make, as it enhances our reputation. Its just the same as Tesco saying their products are demonstrably better than Sainsburys, or one Estate Agent saying they sell their houses for 15% more than their competitors.

If it is negligence, and it sounds on what you have posted that it is, your original solicitors professional indemnity insurance will cover the costs of rectifying it. Give the original guys a chance to tell you what they plan to do first, and try to stay calm. Only if they refuse to do anything for you, do you need to take independent advice, but in those circumstances I confidently predict you won't have any problem whatsoever finding someone to do so.

Throbbe

If your current course of action doesn't yield results have you considered contacting the owner of this land?

It may be that they and the previous owner reached an entrenched position through sheer bloody mindedness. They may be more accomodating towards a new owner, particularly if it is of no use to them.

foreversummer

Many thanks for your replies.

Nicki, I take it from your post that you are a solicitor and I am heartened by your comments.

Our solicitor has told us that he is now investigating why more information was not forthcoming from our vendor and their solicitor. He has also told us that he is arranging for a surveyor to scale the land so that we can have a better idea of the actual size of the land. He has promised us that he will come back to us very shortly. Hopefully he will be able to resolve the matter. He has told us that we could go down the Adverse Possession route but he favours a less harsh approach to this.

Have you any tips on finding a good solicitor to take on our case if necessary. Is it best to find a local one or one a little further afield? I've also noticed that there are solicitors who specialise in in suing other solicitors.

I think we are now over the intial shock of it all but we are just trying to keep abreast of the situation and try to understand everything as much as possible.

Foreversummer

eira

Thanks to Nicki for reply-I have tried to get other firms involved and they've backed off. It was a matrimonial case with aspects of US state and federal law-none of it complicated. It was so easy that I've done a fair bit myself. Others assume that it's all difficult-and the fact that the mess includes three blanket boxes full of irrelevant rubbish makes it worse. There are quotes of £20000 just to look at the paperwork.
I have contacted the firm-original solicitor told me basically to get lost . I have written to the head of the family law team outlining the issues and what needs doing-which is basically very little. I have outlined my losses and what I've done to mitigate them. There has been a total stony silence. Their time is up on the 3rd of June and that's allowing for holidays.
The Law Soceity have been helpful but they have also suggested the negligence route. How do I go about activating the insurance route ?

Any help much appreciated. If I could let this drop financially I would but it is a total nightmare which I don't think I should have been left with. Thanks for the help