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When your solicitor makes a mistake. Oops


Pampam

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My daughter bought a cottage last year its a semi and is the far cottage at a right angle away from the road ,her drive and entrance runs along the bottom of her neighbours garden , to her detatched old garage:it turns out she doesnt own her drive or garage but does own her neighbours garden apparentley her solicitor never spotted this .but when her neighbours sold their house ,their solicitor spotted that my daughter owned her neighbours garden: it turns out she doesnt own her drive or garage .... Nobody does!her neighbours are now pressurising her to sign ovet ""their"garden but if she does and someone claims her drive she wont be able to get to her house:(you have to wait twelve years to obtain ownership)what a mess ...what would you do shes paid for a house and land that she apparently only owns half of??pp:)
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Check out the shelter website - some excellent advice on this

 

http://england.shelter.org.uk/get_advice/complaints/complaints_about_solicitors

 

Did your daughter use a proper Solicitor or Conveyancing Firm? What to do is different for each.

 

My understanding is that you have to complain to the firm dealing and await their decision before you can refer on to the legal ombudsman - assuming the firm rejects your complaint.

 

My advice would be to submit a complaint as something has clearly gone seriously wrong here BUT at the same time submit a Subject Access Request (SAR) to the firm under the Data Protection Act (Google SAR and you get some very useful pro-forma letters as to how to do this) so that they cannot "lose any papers". More importantly it will quantify and qualify the audit trail as it exists now of your daughters case.

 

Do everything in writing and send via recorded snail mail as well as emails. Make sure you have a well documented audit trail of your actions and requests.

 

Tell your daughter to ask her neighbours to put all their requests in writing - and tell them she is not legally qualified and so these requests will be forwarded to a legal specialist.

 

And finally - retain a REALLY good property expert solicitor to sort the mess out - I strongly recommend you do not allow the previous solicitors to cobble together some sort of "solution" - such a solution will be as much if not more to protect their arses rather than sort out the mess they gave to your daughter.

 

 

 

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Oh it's great fun fighting solicitors (not).

Took us 10years(? ) to sort out an access problem >:-(

We where fortunate in getting advise from CLA, we then fought the case ourselves with just a little guidance from them. The solicitors and their insurance underwriters played every trick in the book to try to get out of paying to sort out the mess they made.

Has she got legal cover with her house insurance?

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I do sympathise but the age old saying of 'caveat emptor' applies and it pays to check absolutely everything especially the search results and the deeds and title maps from the Land Registry before agreeing or signing anything.

Several times over the years, including our latest home, it has only been my limited knowledge of the actual property plot layout from viewings and the vendors description, which having never seen it the lawyers do not have the benefit of, that has prevented me from being the subject of a legal cock up.

Sorry to have to say it but those buyers who blindly trust their solicitor should know better and solicitors who fail to fully inform their clients are negligent in their duty of care.

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Pampam - 2014-05-11 8:46 PM

 

My daughter bought a cottage last year its a semi and is the far cottage at a right angle away from the road ,her drive and entrance runs along the bottom of her neighbours garden , to her detatched old garage:it turns out she doesnt own her drive or garage but does own her neighbours garden apparentley her solicitor never spotted this .but when her neighbours sold their house ,their solicitor spotted that my daughter owned her neighbours garden: it turns out she doesnt own her drive or garage .... Nobody does!her neighbours are now pressurising her to sign ovet ""their"garden but if she does and someone claims her drive she wont be able to get to her house:(you have to wait twelve years to obtain ownership)what a mess ...what would you do shes paid for a house and land that she apparently only owns half of??pp:)

 

Do NOT do anything about agreeing to let the neighbours have anything!!!

 

I assume from what you've said that the original neighbours did managed to somehow sell their house - therefore the new neighbours must have known about this when they bought it and that they have no right to the garden whatsoever (it will be clear on the deeds and land registry docs) and are lucky that they are able to use it at all! It sounds to me as if they are trying a fast one - I bet they paid quite a bit less for the house due to it not having a garden and are now trying to benefit themselves by getting their hands on it for nothing! If they want the garden then they should make a request to buy it, or some of it, at the full market value, which could be ascertained by finding out what the difference in the value of their property would be without and with the garden, but making your daughter feel uncomfortable about it all, when it is not her fault in the least, is suspicious.

 

At the moment your daughter has no rights to the drive/garage she thought she owned, however she DOES have ownership of the garden which the neighbour is using and this could prove vitally important. If for some reason she ends up with no right to the drive/garage and therefore loses access that way, then the ONLY LEGAL ACCESS she may have to her property is through the garden next door which she owns! One solution would be to consider selling part of the garden to the neighbours and keep a strip along the end as her 'new' drive so she knows she has, and will retain, guaranteed unrestricted access in the event that the bit that she currently uses but doesn't own, ends up being snaffled by someone else in the future. If the 'existing' drive does end up with your daughter then she could consider selling off the strip of garden she kept back to the neighbours if she wanted to, but obviously that would be quite some time in the future!

 

She has to think about her own situation, not only would selling the whole of the garden to the neighbours undermine her own access, if in the future she wanted to sell her own house any prospective purchaser would need to know that they would retain access otherwise I can easily see that she would end up with either a property which had a reduced value or not be able to sell it at all.

 

She really does need to get some good legal advice about all of this and the sooner the better by the sound of it. Once she knows how she wishes to proceed with the garden/access issue and gets it all sorted out, then she can look at going after the incompetent solicitor for compensation, but that, at the moment, is the secondary matter. :-S

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Guest peter
I suggest o/p takes knowledgeable advice from a legal land expert and not the armchair lawyers on here.
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emwatley - 2014-05-12 10:29 PM

 

im confused, what is this legal thing all about? my pops is looking to buy a small motorhome as he is tired of towing, is there anything he should lookout for?

 

Hi Em, welcome to the mad house!

 

This has nothing to do with motorhomes so it's no wonder you're confused. :D

 

This part of the forum is called 'Chatterbox' and it is used to discuss just about anything anyone wants to usually totally unrelated to motorhomes.

 

Anything more specific to motorhomes is usually posted in the 'Motorhome Matters' section.

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Just to let you know my daughter has now engaged a decent solicitor,and so i suppose the long journey begins just what you dont need ,when youve had a crappy couple of years :- still what doesnt kill yer makes you stronger eh? Pp:). Ps thanks for all helpfull advise it much appreciated
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Guest pelmetman
LordThornber - 2014-05-14 8:57 AM

 

peter - 2014-05-12 10:01 PM

 

I suggest o/p takes knowledgeable advice from a legal land expert and not the armchair lawyers on here.

 

I concur.

 

Martyn

 

Wot!!.......... ask an expert 8-).............

 

 

 

 

 

 

 

 

Dontcha know Chatterbox is the font of all knowledge :D..................

 

 

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pelmetman - 2014-05-14 9:51 AM

 

LordThornber - 2014-05-14 8:57 AM

 

peter - 2014-05-12 10:01 PM

 

I suggest o/p takes knowledgeable advice from a legal land expert and not the armchair lawyers on here.

 

I concur.

 

Martyn

 

Wot!!.......... ask an expert 8-).............

 

 

 

 

 

 

 

 

Dontcha know Chatterbox is the font of all knowledge :D..................

 

 

Well of cause they need to consult an expert, the've already done that and it's all gone wrong, they now need to engage the services of a second expert and then they can watch the 'solicitors letter ping pong'

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Guest pelmetman
colin - 2014-05-14 3:51 PM

 

pelmetman - 2014-05-14 9:51 AM

 

LordThornber - 2014-05-14 8:57 AM

 

peter - 2014-05-12 10:01 PM

 

I suggest o/p takes knowledgeable advice from a legal land expert and not the armchair lawyers on here.

 

I concur.

 

Martyn

 

Wot!!.......... ask an expert 8-).............

 

 

 

 

 

 

 

 

Dontcha know Chatterbox is the font of all knowledge :D..................

 

 

Well of cause they need to consult an expert, the've already done that and it's all gone wrong, they now need to engage the services of a second expert and then they can watch the 'solicitors letter ping pong'

 

I've heard of that game ;-)..........Ping 50 quid..............Pong 50 quid..........Ping 50 quid..............Pong 50 quid..............etc etc ...............then they go to court.................and who ever loses wins both Ping&Pongs bill 8-) .........

 

 

A nice earner for both sets of solicitors though ;-).........

 

 

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Guest pelmetman
Mel B - 2014-05-14 7:46 PM

 

peter - 2014-05-13 8:23 PM

 

I can't believe you've been taken in like this Mel. *-)

I'd rather be 'fooled' than offend someone who MAY be genuine! :-S

 

I'm with you Mel ;-).............as any troll's usually get sorted in the CB wash :D...................and sometimes come out the other side as a real human being :D................Mrs T comes to mind B-).........

 

 

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Mel B - 2014-05-14 7:46 PM

 

peter - 2014-05-13 8:23 PM

 

I can't believe you've been taken in like this Mel. *-)

I'd rather be 'fooled' than offend someone who MAY be genuine! :-S

 

Quite Mel - and you should be admired for your good nature and goodwill

 

But this individual is about as subtle as an air-raid!

 

 

 

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.....you could always do an "image search" of the Avatar with Google (Google it if you don't know how) to see where else it appears on the web.

 

The results are fairly revealing (possibly in more way than one, but I didn't go past the search results), and not for the faint-hearted . 8-) 8-)

 

"Emily" appears to be "less than innocent". ;-)

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Go on Robin, explain, please!

 

The google 'image search' got me nowhere fast. As you have proved, many times on here, Robin, your computer knowledge/skills are far advanced, compared with most of us old buffers, so perhaps you could 'reveal' what was less than 'innocent' in Em's posts?

 

Cheers,

 

Colin.

 

 

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There are all sorts of ways of searching google images for matches or near matches by image, rather than search term (quite useful when you are trying to find something - identifying birds or butterflies or whatever as an example).

 

I suggest you research and experiment, but as a taster:

 

Right click on "Em's" avatar and "copy" (this copies the (outandaboutlive) URL of the image).

 

Open "images.google.com" in your browser.

 

Click on the camera image in the search box.

 

Right click in the "Paste Image URL" box and Paste (the above URL).

 

Search.

 

Be amazed, disgusted, or occupied for the rest of the afternoon, depending on your tastes. ;-)

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