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

foreversummer

Hi Benood

Thanks for that. Fortunately, or unfortunately depending on how you look at it, the plan that we were sent to check the boundaries, marked in red, shows the plot as it is now with the land enclosed.

He has asked if I have a copy of the Sellers Property Information form as he doesn't seem to have a copy himself. I do have, but I will take a copy of it today for him. I am not going to let him have any of the documents I have in my file.

I will also take notes of our conversation once he has left as suggested.


Foreversummer

bikerqueen

ask him if it's ok to video your meeting

foreversummer

Hi

Well here we go . . . . .

He arrived as promised and spent the first 20 minutes or so pleading poverty - how little money they make in conveyancing these days, how much estate agents make in comprison, how hard done by they are and pointing out that our garden is actually alot bigger than his (and his wifes)!!! We pointed out to him that under no circumstances were we prepared to lose this piece of land bearing in mind that we had paid the full asking price for the property and at no stage had we been told that we did not own part of the garden and that here was an ongoing dispute over it.

He told us, after viewing the land in question, that we have a very good case for keeping the land, ie trees, plants and fencing very well established - obviously the boundary has been here for a very long time. (Remember the Land Registry say that they have no record of the boundary ever being in a different position).

He came indoors with his plan saying that in their contract report they would have given us the plan for us to check the boundaries. He produced a plan clearly showing that the land was excluded. Opened our file, showed him the plan that had been sent to us showing the property edged in red, which shows the actual property including the land in question, and he was somewhat surprised. Told us that they had obviously made a mistake.

He told us that the vendor had been shall we say 'economic' in their answers on the Sellers Property Information Form. Their solicitor was aware of the circumstances surrounding the property but they also had not divulged the information early on in the conveyancing process, but of course they had when asked to make the statutory declaration (you may remember we were not told of the contents of this statutory declaration until a few weeks ago!). He is going to try to get redress from them.

Anyhow, the bottom line is . . . . .

He proposed contacting the land owners solicitor with a view to buying the piece of land. He says that he will be quite happy to pay him £500 for it, (if he askes for £5000 he will not be so happy).

We asked him about the Adverse Possession route. He is reluctant to go down this route as, although he thinks we have a good case, the outcome is often unpredictable and he does not want to get the land owners back up and hence take us into a long-winded dispute.

Obviously, if he does a deal and buys the land for us that will be most satisfactory.

He is very apologetic and says that he will make sure that the matter is put right.

I've told him that we want to be updated regularly on his progress.

Interested to hear in what you all think.

Foreversummer

foreversummer

Sorry, forgot to mention . . . . .

He told us that when the statutory declaration came in a locum was in charge of the case, not his wife, so it was the locum's mistake . . . . .

Foreversummer

jobbingmusician

foreversummer wrote: »

Sorry, forgot to mention . . . . .

He told us that when the statutory declaration came in a locum was in charge of the case, not his wife, so it was the locum's mistake . . . . .

Foreversummer

Is he trying to imply that his firm is not responsible for a locum's actions? Nice try........:p

foreversummer

Hi Jobbingmuscian

I don't think he is trying to to imply his firm is not responsible, just easier for him to blame a locum than his wife. Quite sort of understandable in a human sort of way . . . . . poor locum has probably long gone so he will never know.

Foreversummer

foreversummer

I'm feeling pretty fed up today. I'm not sure what to think really.

We've received a letter from the solicitor basically saying that he has gleaned that the owner of the land has been quite clearly told that he has no claim to it (he doesn't mention by whom). Also that as the land has been enclosed and he has been unable to use it he can no longer have a claim on it even though he has registered title. The solicitor says that he (the solicitor) is quite prepared to put this is a Declaration.

He then goes on to say that the other route would be for him to obtain rectification of the register at HM Land Registry and that he is prepared to do this free of charge to us. I contacted LR yesterday to try to find out about Rectification but our file has now been filed, so they will not have it back until Tuesday.

I just don't know what to make of this letter.

The other thing that is really eating away at me at the moment is the mortgage situation on a property with defective title. The building society we are with at the moment presumably do not know that we have a problem here. But what happens when we need to remortgage? If we do not get full title to it but continue to occupy it, will there be a problem when we remortgage? Like will a building society refuse because they might find it difficult to sell the property if we defaulted? In which case we will be paying over the odds through no fault of our own.

I've noticed something call Defective Title Indemnity Insurance but presumably it is too late for us to have such a policy?

If anyone can help I'd really appreciate your thoughts.

benood

This sounds quite positive to me - if you get title rectified at the land registry doesn't that mean you no longer have defective title? Your solicitor needs to be more up front and clear - gleaned isn't a very lawyerish word! You should suggest you want to see a legal document where the 3rd party relinquishes their claim - you must have a copper bottomed resolution.

Catblue

I would think that the solicitor is unable/unwilling to resolve the situation and is trying to fob me off.

Has the solicitor approached the owner? If he hasn't, it may indicate that the solicitor wishes to pursue an adverse possession case. However, the periodic visits from the owner to assert ownership may scupper that, anyway.

It matters not a jot that your solicitor says that the owner has no claim. The owner has to say that he has no claim. What would this Declaration say? That your solicitor believes the owner to have no case? What use is that to you or anyone else?

What evidence does your solicitor have that the rectification of register at the Land Registry will be successful? The Land Registry will contact the owner of the land. Will the owner relinquish his title just like that? Why would he when he hasn't before? And what's to stop this process taking years?

I would write back to your solicitor and tell him that, while you understand his attempts to reach a resolution, you need a definitive resolution to this matter, which was caused by his firm's negligence.

This resolution must be in the form of a Declaration from the owner that he has no claim (your solicitor will obviously have to bear the costs associated with this) and successful rectification of title at the Land Registry within 6 weeks (or whatever you deem acceptable).

Be clear that it is his mess and he needs to sort it.

foreversummer

Thank you Benood and Catblue

Thanks for your replies.

I am worried that he is fobbing us off.

I have however found information on the land registry site about the rectification procedure. Apparently our solicitor will have to persuade them that there is a case for rectification, and then the land owner will be informed. If he objects they allow a period for the parties to negotiate. If they cannot come to an agreement then it goes to the adjudicator who will decide.

As our solicitor told us that he would be prepared to purchase the land - maybe he is trying to see if he can get away with a rectification without objection to save himself a few bob, and then failing that he will have to negotiate to buy it.

I have written to him today to tell him that which ever way he wishes to proceed, the outcome must be that we have full and absolute title to the land and have it incorporated into the title that we have. I have asked him to tell us how long this process is going to take.

I think I will also speak with the lang registry tomorrow and pick their brains as to how long all this normally takes. The lady there that has been dealing with our case has been very helpful and I can keep in touch with her to make sure that he is applying for the rectification. Do you think it is OK for me to speak with the Land Registry about our position, or may that jeopardise the case in any way?

Foreversummer