Misled by new house builder help needed

Blockhead77

Hi Everyone, my daughter was close to exchanging contracts on a new build whereby access to the front door is only possible via a communal path shared with an adjoining plot. Unfortunately the builders solicitor had failed to insert a clause on the title allowing access and the adjoining plot is refusing to permit usage claiming exclusivity. This has forced my daughter to withdraw from the purchase and is likely to incur considerable costs. I would welcome any suggestions on a course of action to be taken gainst builders and possibly own solicitor and any relevant case law. Thanks

davidmcn

Why does she think her own solicitor is at fault? Presumably it's them who pointed out the problem?

bexybest

I'd say she got a lucky escape as this path will cause never ending problems with that particular neighbour for years to come. You don't want a neighbour dispute before you've even started.

warby68

Surely the builder will be trying to resolve this somehow so they can sell the plot?

What did they suggest?

I doubt there is much of a claim or not one that doesn't cost more to pursue than its worth. Your sols have done their job, the builder might have a case with their solicitor but I doubt anyone is going to leave a property incapable of being sold because its 'landlocked' for ever so patience might have been the name of the game.

Neighbour probably doesn't want a dispute but clearly does want to take advantage of the situation.

What are the considerable costs though?

pinkteapot

Claim certainly wouldn't be against the solicitor - the solicitor has done their job in finding out about this problem for her!

Developer and their solicitor have completed b*llsed up by not getting the titles right before selling the first house (the one that's now refusing to give access). As others have said, surely that will mean the builder is unable to sell that plot now. Developer has a definite case for action against their solicitor!

Your daughter will have to pay her solicitor for work done so far. As it's a new-build I'm guessing she's paid the developer a reservation fee and possibly then some extras for upgrades to the spec? I would certainly be arguing with them to return those as they're now unable to sell her the house.

It may be that the neighbour is seeing the opportunity to hold the builder to ransom and will ask them for some cash in return for amending their title, but probably not the sort of person you want to live next door to!

AdrianC

She doesn't have a hope of taking legal action against the developer - she never reached exchange.
She should be thanking her solicitor, not threatening to take action against them.

babyblade41

I would be writing to you solicitor thanking them for stopping you making very expensive mistake

The builder and his legal team now have a very expensive problem to solve

princeofpounds

Agree with the others. Your solicitor did their job (and a path is something that is easily overlooked actually, as the builder's mistake proves).


Serves them right in a way, for such a convoluted layout - sounds like they were trying to squeeze houses in.


The builder may try to claim an 'easement by necessity' to wriggle out of this situation, but that's their problem. Your daughter should look at other houses.

sal_III

What considerable cost? It's a new build so presumably no surveys, so we are talking about £500ish reservation - she should be able to get this refunded from the Developer on account of the bungle on their part. And solicitor costs - They did their job, thank them for being vigilant in uncovering the issue in time and ask them if it's possible to transfer part of the fee towards your next purchase.

bigisi

Yet another compo chaser.

shortcrust

bigisi wrote: »

Yet another compo chaser.

These threads always leave a bad taste in my mouth.:(