Solicitor negligence when moving

jjscruffs

Solicitors first job when appointed is to perform the searches which is when they" check if any future planning developments or historical problems in the area might affect the home you're buying"

Ours neglected to mention the Tilbury to Norwich pylon development which was already planned at this point (a year ago)

We will be close to one of these 50m pylons which will devalue our property not to mention cause significant disruption with the construction over years

The solicitor was an !!!!!!. Really hard to get hold of, slowed the whole chain down and let us down about something else too

Just wondering if solicitors can be legally negligent in not bringing back key developments in the searches? could we sue the firm ?

Mstty

When were your searches performed (date)

Section62

jjscruffs said:

Solicitors first job when appointed is to perform the searches which is when they" check if any future planning developments or historical problems in the area might affect the home you're buying"

Ours neglected to mention the Tilbury to Norwich pylon development which was already planned at this point (a year ago)

We will be close to one of these 50m pylons which will devalue our property not to mention cause significant disruption with the construction over years

The solicitor was an !!!!!!. Really hard to get hold of, slowed the whole chain down and let us down about something else too

Just wondering if solicitors can be legally negligent in not bringing back key developments in the searches? could we sue the firm ?

Who did the searches?  Solicitors typically outsource them to one of the specialist companies.

user1977

Are you saying this was disclosed in the search, but not mentioned to you by your solicitor? Or was it simply outside whatever radius the search covered?

I'm not sure where you've quoted from, but your solicitor is not implicitly warranting to you that they've checked everything in the area which you might want to know about.

lika_86

Searches normally reveal issues relating to the land, but don't normally reveal matters that affect nearby land but not yours directly. So in this case I don't think that you have a case here. 

TBG01

Okay so assuming it was picked up on the searches and you were provided with them, why did you also not pick up on it when reviewing them?

I can't comment on how else they let you down, but there's always a common theme with these types of topics in that apparantly the Solicitor is always difficult and made things take longer than it should. 

The irony being the poster tends to be the type who needs their hand held throughout and wants things done yesterday, meaning things do get missed because hey my friend with no conveyancing experience said this should only take 2 weeks to sort so how can I sue my solicitor because it's taking too long.

sevenhills

jjscruffs said:

Ours neglected to mention the Tilbury to Norwich pylon development which was already planned at this point (a year ago)

We will be close to one of these 50m pylons which will devalue our property not to mention cause significant disruption with the construction over years

So you are saying that there was planning permission that was not in your paperwork, you just stated planned.
It will be 50m away, quite some distance, have you taken advice on how that will affect the value of your house?

Jonboy_1984

lika_86 said:

Searches normally reveal issues relating to the land, but don't normally reveal matters that affect nearby land but not yours directly. So in this case I don't think that you have a case here. 

The searches we had back last year included all proposed energy installations (solar, wind and a nuclear research project!) within something like 5 or 10 miles.

Our solicitor didn’t go through them in details us, but just sent them over for us to review and satisfy ourselves

Schwarzwald

jjscruffs said:

Solicitors first job when appointed is to perform the searches which is when they" check if any future planning developments or historical problems in the area might affect the home you're buying"

Ours neglected to mention the Tilbury to Norwich pylon development which was already planned at this point (a year ago)

We will be close to one of these 50m pylons which will devalue our property not to mention cause significant disruption with the construction over years

The solicitor was an !!!!!!. Really hard to get hold of, slowed the whole chain down and let us down about something else too

Just wondering if solicitors can be legally negligent in not bringing back key developments in the searches? could we sue the firm ?

you need to be a bit more specific....

did they searches mention it and your solicitor didnt point it out to you?
or did the searches not mention this development at all?
if the searches didnt mention it, what was the radius they applied within the searches.

the fact that you believe the solicitor has otherwise also done a poor just isnt of very much relevance

Tiglet2

jjscruffs said:

Solicitors first job when appointed is to perform the searches which is when they" check if any future planning developments or historical problems in the area might affect the home you're buying"

Ours neglected to mention the Tilbury to Norwich pylon development which was already planned at this point (a year ago)

We will be close to one of these 50m pylons which will devalue our property not to mention cause significant disruption with the construction over years

The solicitor was an !!!!!!. Really hard to get hold of, slowed the whole chain down and let us down about something else too

Just wondering if solicitors can be legally negligent in not bringing back key developments in the searches? could we sue the firm ?

Did your searches mention this planning development?  If so, your solicitor should have mentioned it in his Report on Title to you.  However, presumably you also have a copy of the searches - did you spot it yourself?  

Unfortunately, this proposed development has been alarming nearby residents to the point that there are now large signs up in various properties "Saying No to the Development".  Did you not spot those when you viewed the property?

bex2012

The National Grid are still in the consultation phase (actually it might have finished a week or so ago). Until they apply for permission its my understanding that they wont appear in any searches.

https://www.essex.gov.uk/news/2023/councils-set-out-concerns-consultation-opens-norwich-tilbury-proposals#