Rogue Solicitor

[Steve C]

I brought a house approx 10 years ago and used the services of a local solicitor.

 

I am now in the process of trying to sell my property but a couple of issues have delayed the sale. I remember reading in the local newspaper around five or six years ago that the solicitor who dealt with the sale of my property had left the company, I seem to recall the solicitor left "under a bit of a cloud", thus the reason for the newspaper article.

 

Is there any way I can find out if that solicitor was "struck off" from practising? I`ve checked the local newspaper search facility to try and find the report without success. I`ve entered the names concerned into a search engine again without success.

 

Would appreciate any help and advice on the subject.

 

Many thanks in advance.

[BRIGADIER2JCS]

Contact The Solicitors Regulation Authority (details on their website).

[Steve C]

Contact The Solicitors Regulation Authority (details on their website).

 

Many thanks for your prompt response and the information you supply.

 

I have just filled in their contact form, so I`ll await their response.

 

Have double clicked your star

[dw190]

Many thanks for your prompt response and the information you supply.

 

I have just filled in their contact form, so I`ll await their response.

 

Have double clicked your star

 

Have a look here:

 

http://www.lawsociety.org.uk/find-a-solicitor/?view=solsearch

 

If the problems have only just come to your attention and causing you loss in any way you can sue the firm.

[Steve C]

Have a look here:

 

http://www.lawsociety.org.uk/find-a-solicitor/?view=solsearch

 

If the problems have only just come to your attention and causing you loss in any way you can sue the firm.

 

Many thanks for your reply and the link to the Law Society.

 

I`ve just found out that the person concerned was not an actual solicitor, the person was basically a conveyance clerk.

 

It would be nice to be able to follow this up and pursue the claim but unfortunately nobody appears interested at the moment. It is difficult getting advice from other professionals and I get the impression that solicitors albeit from different companies stick together. Their seems to be a code of practice where one solicitor is reluctant to take on your claim against another solicitor

 

I don`t really know what the next move could be.

[IdaInFife]

If you would like to expand on what the issues are someone could maybe help you

[Steve C]

The biggest issue I have is that the enclosed rear yard was not registered in my name at the time of purchase. The solicitor who is now dealing with the sale has had to contact Land Registry to register the rear yard in my name. Land Registry have done a survey of the rear yard after confirming the rear yard is not registered to anyone else, however, a small section of our rear yard approx 8ft x 6ft is already registered to my next door neighbour. We are in the process of trying to come to an arrangement over this piece of land.

 

The previous owner of my property had a burglary and parts of the deeds to the property were stolen sometime in the 1980s. They had to visit a solicitor to get the property registered with Land Registry.

 

The company of solicitors whom I used to purchase the property have come back to me and mentioned they believe they have done nothing wrong. The conveyancing clerk at the time wouldn`t have neccessarily known that the rear yard was included in the sale (Even though the estate agents particulars from when I purchased the property mention a rear yard) they go onto to say "It is not part of a Conveyancing Solicitors retainer to check or advise on boundaries unless there is something in the documentation to specifically put the Solicitor on notice or a specific issue is raised by the client"

 

The issues I have are :-

 

Because I have had to register the rear yard in my name under "squatters rights" having been in residence for over ten years, I believe the property would have been virtually unsellable had I wished to sell after approximately 5 or 6 years.

 

Up until now I`ve never seen the deeds to my property or the papers in the deeds file, surely there was enough evidence for the solicitor who I used to purchase the property to be extra cautious and make sure everything was in order because the deeds were not there in their entirety?

[Steve C]

Sorry to bump this topic up but I was wondering if anyone could please advise whether :-

 

"It is not part of a Conveyancing Solicitors retainer to check or advise on boundaries unless there is something in the documentation to specifically put the Solicitor on notice or a specific issue is raised by the client"

 

The reason I ask is because the solicitors have said they will close the file into my claim against them if I don`t respond within the next few days.

[onlynameleft]

I don't know where you get the idea that solicitors don't like suing other solicitors. Most love it.

They are trying to fudge the issue. It is part of the solicitors retainer to check that the property being registered is the same as described in the valuation. So if the valuation described the property as having a rear yard then they were on notice of the point and should have checked it.

[Steve C]

Many thanks for taking the time to reply, I was beginning to think I wouldn`t get any additional replies or advice.

 

There was no valuation as such because we didn`t have a mortgage as we were downsizing. The property particulars from the estate agents who were selling the property clearly states walled rear courtyard garden.

 

I have spoken to two local solicitors, they both mention they would have done things differently and both say they wouldn`t be interested in taking my case on.

 

I`m struggling to know where to turn to next with this iisue!

[onlynameleft]

The chances are they see something in the case which means the merits aren't what they should be. There is no Omerta Code amongst solicitors, it is dog eat dog. But if you live in a small town, go and see someone in the next town or the next city.