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1. In order to be able to bring a successful claim for professional negligence against your conveyancer, you need to show that the professional service rendered was not that of a reasonable competent conveyancer performing the services you requested. Accordingly, in order to be successful in this action you would, firstly need to be able to show that you queried this issue with the conveyancer and did not merely overlook the issue when deciding to purchase. The law will not give you recovery if you merely assented to the conveyancing being done without raising the issue of any weakness in what was being purchased.
2. This is because there is no general duty on the conveyancer to alert you to all aspects of what you are purchasing. You are taken to have inspected the property yourself and to have carried out your own inspections to satisfy yourself about what you were purchasing. So, if you did not carry out a visual inspection and become aware of this issue, then the conveyancer would not be under an obligation to inform you of it, unless you queried the issue. This is because a conveyancer is not taken to be in the position of an insurer to warn you against every aspect of the property you were purchaser.
3. So, the bot***** *****ne is that you will only be able to bring a successful professional negligence action against the conveyancer if you queried the issue as to whether all reasonable amenities came with the house including having access to your meter. You will not recover against the conveyancer if you were purchasing the property and did not raise the issue. There is no general duty to warn placed on a conveyancer.
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5. Whilst you employ a solicitor to look after your interests, the solicitor's primary duty of care is to convey the property to you. It is up to you, as purchaser, to satisfy yourself that you are happy purchasing it. Liability only lies on the solicitor if there is something for which a fault lies within his remit. So, unless you specifically queried the issue with him, or you can show the solicitor failed to raise a Requisition on Title in relation to the issue, the loss will lie with you.
6. I know this is not the answer you might wish for. It would be easy to tell you what you want to hear. However, the alternative is to issue legal proceedings which you lose. So, you should be aware that judges are former members of the legal profession themselves. Accordingly, unless there is a clear case of liability, a judge will decide the case in favour of the member of the legal profession. So, for that reason, you need to be certain of liability before you issue legal proceedings against the solicitor.
I see the previous expert has opted out. I do not think you have a case for negligence simply because you accept that the solicitor sent you the information, generic or not, it was there for you to read and investigate further, yet you did not do so. Of current importance, if the neighbour is blocking your access right to read the meter you should see a court solicitor with a view to making a claim in the county court in respect of this. I suspect that a strongly worded letter before action indicating that costs will be sought against them may make your neighbour's see sense. I hope that helps. Please leave a positive rating so that I am credited for my time.
He would have been successful because the access right wasn't pointed out to him. The fact that he has now attempted to impede your access is a separate issue.
You said that it was contained within documentation sent to you by your solicitor. That would be sufficient on the part of your solicitor whether you eat the paperwork or not.
You were told by your solicitor. He wasn't according to your narrative. That is the difference.
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