Conveyancing Negligence Question

Dear Sir

In May 2007 I instructed a conveyancing solicitor to handle the conveyencing for my house sale/purchase. They carried out all the usual searches, etc. or so I thought.

Unknown to me, a property adjoining mine had gained planning approval in January 2007 to demolish their property, and a row of some 30 trees, and to construct 2 detached houses with garages on the site.

The net result of all of this is that my previously shielded outlook has gone, and the new houses are being built much closer to and overlooking my property, and I am having to suffer living next to a building site for the next 6 - 9 months.

I contacted the solicitor to see why they had not discovered this application during their search, only to be told that they had conducted a standard search which relates to my property only.

Having never moved before, I was unaware that I would have to tell my solicitor how to do their job, ie. ask the local council if there were any applications in hand that might affect my property, which I always assumed was the reason for conducting searches in the first place.

I was wondering whether you think I might have any cause for complaint against my solicitor or not.

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Hi David - My personal opinion is that you probably do not have grounds for complaint. However, I think you should seek some professional advice on this matter.

The best thing I can do is direct you to:

>> Conveyancing Solicitors Complaints Process

This page sets out the complaints procedure you should follow.

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Hi Gavin

After much e.mailing and many enquiries most of the opinions were that I have a case for negligence against the solicitor, as the relevant search on form CON 29 would have revealed the planning application.

However, the most recent advice I received from a firm of solicitors who took advice from a conveyancing specialist is that the solicitor is under no legal obligation to perform such a search unless I ask him to !!

It seems an absurd situation, but I guess you learn from experience with these matters.

Thanks for your help.

Kind regards

David A.