Bought a new build but builder didn't own all of the land....

Going back to the question; should the solicitors have checked this...and if so, are they liable for the consequences of their (in)action...?

I'd have said yes, and that after pursuing their complaints procedure, including asking for redress for the financial loss you have experienced as a result of their negligence, then consider wheter you are prepared to follow through the action which DoctorGoogle will outline to you, up to and including engaging another solicitor to sue for recompense which will presumably, if sucessful, be covered by their professional indemnity.

Be sure of your ground however (no pun intended). Look back through their advice and report on title.

My solicitors have been amazingly thorough in briefing me on any likely problems with the title; in one case, insisting the vendor pay to remedy a minor ambiguity about whether part of the lowered terrace adjacent to my front door was communally owned as part of a shared freehold, or personal to us.

My last purchase process included the solicitor emailing me a copy of the Land Registry title plan, and insisting that I inspect the property and garden to confirm what I was buying was as described. She even got me to check that a couple of TPO (Protected) trees were in place, which meant a call to the Council Planning Dept's trees officer to get a copy of their site plan as this wasn't in the conveyancing pack.

So make sure your solicitor didn't cover their raas in a similar way by putting the onus on you; even if they weren't as thorough as mine they might have slipped some weasle words into the report which they'd have insited you read before exchange!

Good luck

youknowwho wrote: »

I have suffered financial loss as i have had a house sale fall through BECAUSE of these issues

Was that just their convenient excuse to pull out, or have you had advice that objectively the title is unmarketable?

The solicitors have provided indemnity, but this could still put off prospective buyers in the future

But is unlikely to if they've had proper advice.

Worst case scenario (as far as I can tell) is that you'd lose a bit (not sure what proportion) of your garden and have to shift a fence or two. But what are the chances of whoever has the legal title coming to claim occupancy of it?

If it was a title issue affecting the house itself or access to it then it would be a more serious matter.

What remedy are you seeking? If you can show that the market value of the property is actually lower (e.g. because the bit of garden is worth £x) then that may be a claim.