Solicitor mistake on building works
I bought a property for £150,000 in June, 2006. The local search carried out by my Solicitor revealed no plans for the immediate surrounding area.
However, to my horror, shortly after moving in, I discovered from my next door neighbour that there had indeed been a plan approved to build a 24 hour supermarket and garage on a large piece of waste land 5 metres from my front door.
A petition from local residents had been submitted to the Local Council, but the plan for this development was approved.
Work started in August, 2006. Since that time, I have had to suffer heavy plant digging foundations and the general disruption caused by a construction site.
Had I known that this plan to develop the adjoining site had been approved by the Local Council, I would not have proceeded with the purchase. I relied on my Solicitor to identify any proposals that may have impacted on my property and the search carried out by agents she employed revealed absolutely nothing planned.
Do I have a claim against the Solicitor and if so, what compensation would be applied if I was successful?
I would suggest that it would depend on what searches and enquiries were actually conducted at the time. The searches that are usually carried out are restricted to the curtilage of the property only. You can extend this if you think its important but obviously this didn’t happen for you by the sound of it.
My gut instinct is you haven’t got a claim but I am not a solicitor and you should talk to the firm involved, then the senior partner to try to resolve it and if you are still unhappy; check the have indemnity insurance and go to the Law Society.
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