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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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I bought a property in 2003. Unknown to me at the time there

Resolved Question:

I bought a property in 2003. Unknown to me at the time there was a competing title. I was taken to court ,lost my case and it cost me £70,000 in legal fees. Can I sue the solicitor who did the conveyancing.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a lawyer in Scotland and can help you with this. When did you first find out about the competing title?Can you also explain the situation with the title in more detail?
Customer: replied 2 years ago.

I bought the property in 2003.In 2011 our neighbour challenged our title in the Sheriff Court and after a lengthy court battle won the case.It was only when the title was challenged did our Solicitor - although now a senior partner in his firm, was not the one who did the conveyancing when I bought it - made me aware that there was a competing title.Part way through the court hearing the prosecuting lawyer said to the sheriff that I could sue my lawyer as I was the innocent party.

Expert:  JGM replied 2 years ago.
Assuming that the firm of solicitor which did the conveyancing for you were negligent, and from what you say opinion is that they were, you can make a claim for your losses.
You will have to instruct another solicitor who may them want to get an expert opinion from a senior land lawyer or professor of conveyancing. If it is established that no lawyer of ordinary competence would have done what this firm did, you have a claim for negligence.
However act now. You only have five years from the date you knew that was potentially a proved to raise proceedings. If you don't raise within five years your claim will be time barred.
Happy to discuss further.
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