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Solicitor negligence when moving

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  • Herzlos
    Herzlos Posts: 15,893 Forumite
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    Are you 50m away from it, or are the pylons 50m tall?

    Did the solicitor see it and decide that it didn't have any real impact on you, so didn't mention it?
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
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    As others have said,  the solicitor may, or may not, have been negligent.

    Were the plans mentioned in the searches? Normally, you would have been sent copies of the searches as well as the solicitors report on title. Did you check them and are the pylons mentioned / shown? The searches are carried out by third party companies on you behalf, the solicitor is just the middle man, they are not responsible for the contents of the search, only for whether or not they flagged up by including in the report on title to you, things which were shown in the searches and which might be relevant 

    If they are, and the solicitor didn't flag them in their report to title then they *may* have been negligent, however you apparently also failed to notice them.

    IF they were not included, then the solicitor is not negligent, they don't have personal knowledge of the property and can only advise on the basis of the information and documents they have access to.

    The issue of you being dissatisfied with the ease and speed of them responding when you contacted them is a separate issue - you are of course free to raise that with them using their firm's complaints process

    If permission hasn't been formally applied for and the pylons are a possibility only then they wouldn't normally appear on the searches. It's *possible* that it is something that the sellers should have included on their property information forms but I think that might be a bit of a grey area depending on the exact planned location and what actual information they had, but again, that's not down to your solicitors / conveyancers
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • martindow
    martindow Posts: 10,568 Forumite
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    edited 30 August 2023 at 10:27AM
    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
    The solicitor probably is not familiar with the area where your house is, so this is the normal procedure.  You can then go back to the solicitor to clarify anything you are not sure about.  Did you go through them as asked and did they mention the pylons?
    Searches don't include things under consultation, I think, so maybe they were not there.  It is always a good idea to search for local news items for developments in the neighbourhood that could concern you.

  • EssexHebridean
    EssexHebridean Posts: 24,424 Forumite
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    I think unless the OP returns to the thread to confirm whether the development was mentioned in the searches, and the reason why they themselves didn't then ask for further information on that, there's little else to be offered here? 
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