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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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Finding out executor of estateI purchased a property from

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Finding out information regarding executor of estate I purchased a property from an elderly lady who is now resident in a nursing home. A boundary dispute with the neighbour arose after the sale. I arrayed a survey, which showed that neighbour  has been claiming part of my garden as his own. The seller is an elderly lady  and resident in a care home. I was surprised to be shown a letter during mediation for boundary dispute that the  sellers daughter who is friends with my neighbour has given  a written statement stating that the neighbour was allowed to use the land for number of year and she feels the boundary is where the neighbour thinks*(and not as per the survey or title deeds). I was very disappointed with her false statements as the deeds clearly show where the boundary lies and the survey confirms this . Can I take action against the seller or her daughter if she is executor of estate for providing incorrect information about the boundary when the property was sold to me. I do not wish to write to the elderly lady but might have no other option than to ask her to clarify. I have been told by the solicitor who arranged purchase of my property that they are unable to provide any contact details of her daughter or sellers solicitor. I have contact details of the seller

Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. If the seller's daughter was executor to her mother's estate, then you can sue her personally for misrepresentation as she falsely misrepresented to you that the boundary was where the deeds stated it. She cannot now come back and support the neighbour against you. Secondly, you should go also to the solicitor who acted in the purchase and take up the client file. A solicitor's client file belongs to the client, not the solicitor. in this way you can get details of the seller's solicitor and their client. Your own solicitor is not serving you, but themselves, in with holding the details from you. They are clearly worried about being sued for negligence in this boundary dispute.
Expert:  Buachaill replied 1 year ago.
3. You should get yourself a new solicitor to seek the client file from the purchase and to deal with the boundary dispute. It is likely that there will be a legal dispute over it. So you should prepare for one. There is a legal liability here owed by the mother's estate to you if the boundary was not where they said it was. You can and should sue in relation to it. Howeverl, the original solicitor who acted in the purchase has a conflict between their own personal interest in not getting sued and your interest in owning all the land sold to you. So get new legal representation and get them to take up take up the client file from this original solicitor.
Expert:  Buachaill replied 1 year ago.
3. Note, the previous paragraph is wrong numbered 3. It should be No.2.
Expert:  Buachaill replied 1 year ago.
4. Dear P. Singh, Be aware that both solicitors who acted in the transaction will carry professional indemnity insurance, so if you have to sue one of them, there will be recovery.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10409
Experience: Barrister 17 years experience
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Customer: replied 1 year ago.

Dear Sir Many Thanks for answering my questions and your excellent service. I did feel let down by them. I will do the needful.

Customer: replied 1 year ago.

excellent

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