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

Nicki

Hi forever

Hadn't noticed that this thread was active again.

Does the letter from the solicitor give any indication that he acknowledges that his firm has been at fault? I know he told you orally that the locum had been negligent, but if you have a written admission of liability for negligence, then you could feel much more secure (even if it isn't an express admission, if the letter says he is taking steps to put things right for free, depending on the exact terms that may be enough) If you like you can PM me with the exact terms of his letter.

As he is trying to sort this out, try not to get too anxious about exactly how he does it. At the end of the day it doesn't matter to you whether he does it by a claim for adverse possession leading to rectification of the register, or by purchasing it from the owner for an exorbitant sum, provided you end up with the title you have paid for. As far as re-mortgaging is concerned, I would hope this will all be sorted out well before you need to do so, but in the event your position was prejudiced in any way costing you money, your solicitor would also be liable to reimburse you in respect of this.

You are further on than you were a few weeks ago, and with luck this will all be sorted out soon. In the meantime, hang in there!

foreversummer

Hi Nicky

Thank you for replying.

He admitted to us that the plan he sent us to check the boundaries against in the contract report was wrong. It shows the land edged red totally enclosed. He also acknowledged verbally that we did not get to see the Stat Dec. Both of these things I put back to him in a letter after our visit. He did not write to dispute this. In his most recent letter he has offered to undertake the rectification at land registry free of charge. I'm quite sure that we have enough evidence in my file to nail him if need be.

Am I right in thinking that rectification of title is different from adverse possession. Rectification seems to be when a mistake has been made in marking out the boundary (if I read the LR website correct). This is what he plans to do - he tells us that he does not favour adverse possession. I want to phone the LR myself to check this but I do not want to jeopardise anything that he is doing - could I jeopardise the case if I speak with them? I guess though as you say it really doesn't matter how he does it as long as he does it. I just do not want him to think he can string us along and hope we will forget about it.

Regarding the position when we remortgage, I know we should be sorted out by them, but it's just me finding something else to worry about.

We will hang on in there, I'm just tired of the whole thing and just feeling a bit fed up about it at the moment. I'll get over it.

Foreversummer

Nicki

Yes, rectification is where there has been a mistake in the original registration, adverse possession is where a genuine right is subsequently extinguished. Personally I wouldn't go into specifics with the Land Registry as this might jeopardise the situation. Don't know if they would be prepared to answer your queries on a no-name basis where the parcel of property isn't identified though. If yes, that might be the way to go.

Sorry its been dragging on so long. It's not what you need when you've just moved house really, is it?

foreversummer

Thanks for that Nicki

I will not ring LR - there really is no point I suppose. I don't want to jeopardise anything. Thank you for clarifying that.

I'll keep you posted regarding progress.

Thank you all for your support.

Foreversummer

Ghost

Hi Foreversummer,

Thanks for the update. I shall be sending out positive vibes in your direction and look forward to your next update.

In the meantime, hang in there - it will all be sorted soon.

foreversummer

Hi Ghost

Hey - I must be picking up those positive vibes - I feel a bit more upbeat today!!

I'll keep you posted no doubt.

Foreversummer

foreversummer

Hi - an update

Received a letter on Friday from the solicitor to say that he now feels rectification is not appropriate unless we plan to move within the next 6 - 12 months. If we do move he will prepare a Declaration saying that the owner of the land has no right to it. He reckons this will mean we will have no problem selling the house.

As we have no plans to sell the house in the foreseeable future, he proposes to do nothing!! Yes, he wants to do nothing!!

We've replied to him today that we want him to offer to purchase the land from the owner as he promised us he would do in his visit to us. We've told him that we want full and absolute title to the land in question.

He must think we are more stupid than he is!

Looks like we are going to have to dig our that legal expenses claim form after all. I really hoped it wouldn't come to this.

Foreversummer

Ghost

foreversummer wrote: »

As we have no plans to sell the house in the foreseeable future, he proposes to do nothing!! Yes, he wants to do nothing!!

The swine! I wonder why he's done a complete volte-face?

I'm so sorry this is dragging out even further for you. I wonder what Nicki has to say about this turn of events?

Nicki

It sounds to me that he has done enough to make it fairly easy to prove that he has been negligent, and at this point I would be going to another solicitor and asking them to write him a formal letter before action stating that he has been negligent and that you require him to take the action he has promised to take forthwith failing which you will take immediate steps to mitigate your loss by purchasing the land off the current owner at whatever price is necessary, and look to him to reimburse you for the cost of this plus all legal costs.

I agree you should check your household insurance policy to see if you will be covered for this. If you are, this will strengthen your hand as the original solicitor will know that you have nothing to lose by suing him, so is more likely to settle early.

Be aware that by this stage the shots may be being called by his insurers, and that is quite possibly why he has changed his mind about what he wants to do. The good news is that insurers are commercial animals, so in a case like this where liability is almost a foregone conclusion, they will be keen to do a quick deal, though will initially try it on to see if you go away.

foreversummer

Hi Ghost & Nicki

Yes, he is a swine, Ghost, (and that's one of the kindest words I can think of to describe him at the moment!). I'm afraid he's under-estimated us if he thinks we are going to roll over and be trodden on.

I have talked with our insurers who tell me that we are covered for this. I have the claim form which they sent me some time ago just in case we needed it. However, we do have to make a claim and get it approved before we instruct another solicitor. So far our solicitor is not aware that we have insurance and I guess you are right Nicki that once he knows this that it may spur him into action.

We will await the reply to our letter, which he will have received today, basically asking him if he is going to purchase the land as promised or if he is going to go back on his word. If he says no, or waffles again, we are going to make our insurance claim. I also rang the Law Society again, and they told me to put in a claim to them also. Even although it is negligence we are claiming for and they do not deal with negligence cases, they are still able to award compensation for poor service.

The daft thing is that if he just got on and purchased the land as he promised and was open and honest with us I wouldn't even have bothered to claim compensation as long as I had my piece of land.

I'll keep you posted once again.

Foreversummer

Thank you for listening.