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Conveyancing Negligence

June 12, 2012

Carruthers Law are experts in dealing with conveyancing negligence claims and all claims against solicitors. A recent example of such a claim was where the Claimants spent £7m on a property in Chelsea, London.  Upon purchase, they discovered that they had been denied access to an exclusive garden square.

The Claimants brought a claim against Kensington and Chelsea Council to try and gain access, but that case was thrown out of the High Court.  The Judge held that “only homes with a front or side facing the square were entitled to access.”

As a consequence, the Claimants brought conveyancing negligence proceedings against their solicitors.  They claimed that they had specifically raised the question of access during the conveyancing process.  They were told that if they bought the house they could use the garden.

The court awarded the couple £100,000 in damages plus their costs.  The Judge held that the solicitor should have realised that there was a question mark over the “garden”.   The judge concluded that it was negligent of the solicitors to advise in unequivocal terms that the Claimants would have the right to enter into and use the garden.

Why not read our section on solicitors negligence. For advice on conveyancing negligence and claims against solicitors, call Carruthers Law today or fill in one of our enquiry forms.