Examples of conveyancing solicitor negligence

The types of negligence detailed below are all well recognised scenarios where claims for professional negligence have been successful. The difficulty for prospective claimants, as with any kind of professional negligence potential claim, is understanding that the potential value of the claim (recoverable damages) can be very variable, and is based on proving losses which have been directly caused by the negligence and foreseeable. In simple terms, is it worth pursuing a claim, with the inherent risks involved and where all legal fees will not necessarily be recoverable, based on the loss you are likely to be able to prove.

Failing to conduct proper property searches

A solicitor fails to carry out local authority searches when handling a property purchase. For example, after completion, the buyer discovers that the property is subject to a compulsory purchase order, meaning the council can take it over for redevelopment.

Failure to spot restrictive covenants

A solicitor does not check for restrictive covenants when a client purchases a property. For example. after moving in, the buyer is informed they cannot extend the house or run a business from the premises.

Failing to advise on rights of way or access Issues

A solicitor does not check for legal access rights or misinterprets rights of way or easements. This can apply with a rural property purchase but equally can arise in relation to other rights of way or ransom strips. These types of claims can be high value as the implications and potential losses can be large.

Failing to check lease terms (For Leasehold Properties)

A solicitor does not review the lease properly and misses a short remaining lease term (e.g., under 80 years) or other defect in the lease. Later, the buyer struggles to sell or remortgage.

Not identifying a "Flying Freehold" issue

A solicitor fails to warn a buyer that part of their property is built over a neighbouring property (known as a flying freehold). Mortgage lenders are reluctant to lend on such properties, making future resale difficult.

Failing to spot Planning Permission or Building Regulation issues

A solicitor does not check whether extensions or alterations to a property had the correct planning permission or building regulation approval. The buyer later receives an enforcement notice from the council to demolish the extension or pay for retrospective permission.

Failing to Identify Shared Ownership or Maintenance responsibilities

A solicitor does not check whether a property is part of a private road, shared driveway, or managed estate, leaving the buyer liable for unexpected maintenance costs. Some lenders refuse to offer mortgages on properties with unclear maintenance obligations.