• Sale Problems

    By Guest on 04th Jun 2015

    I'm in the process of selling my home that I bought in August 2013. My solicitors has now told me that there is a problem with my garage when it was built and it is encroaching onto my neighbours land by 6 inches. Will this cause the sale to fall through? And why was this not picked up when I bought the property? Also if it does fall through have I got a case for negligence against my previous solicitors or can I come bk at the previous owner for not declaring it? Many thanks ash

  • 1 Answers

    By Guest on 05/06/2015

    Most likely som agreement will have to be reached with the neighbour to transfer the land to you (this could be quite straightforward if the neighbour is in agreement and doesn't have a mortgage on his property (if he does the lender would need to be involved and give consent)). As to whether you have a claim for negligence, this depends on what advice you were given at the time. Generally a solicitor for a buyer would send his client a title plan and ask him to confirm that the physical boundaries match those on the an. Write to your former solicitor explaining the situation and ask for their comments. If you are not satisfied ask to make a formal complaint. You should also think about getting independent legal advice

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