Posted on 17.3.15
It has been recently reported that a couple in the process of purchasing a property in Cumbria, have won a legal case against their conveyancer. The solicitor in question failed to inform the couple of the development plans of a wind farm, due to be built less than a mile away.
This case has now become a stark reminder to solicitors to ensure that all essential procedures are followed, to prevent clients from missing any essential information regarding their property, before buying it.
Allegedly, the solicitor believed that all necessary searches had been carried out on the property. However, it was never revealed that the construction of a wind farm, located less than a mile away, was impending. The couple were left disappointed when it became apparent that the wind farm would be visible from the property.
A formal investigation revealed that the construction of the wind farm was well-known within the local community, therefore shouldn’t have been overlooked. The report also stated that local residents had launched an unsuccessful campaign to stop the plans, yet at no point were the buyers informed of this; neither by the solicitor or the seller of the property.
During the investigation, the couple stated that had they been aware of the wind farm initially, they would have re-considered buying the property, which encouraged them to pursue a negligence claim against their appointed conveyancing solicitor.
As the proposed wind farm had a clear risk of impacting not only the future value of the property, but also the day to day enjoyment of their new home, the solicitors were found to be negligent. This resulted in the buyers receiving an undisclosed settlement.
Your appointed solicitor has a responsibility to provide you with all information regarding your property and its surrounding areas, so that you are as well informed as possible. This may include the search and assessment of local environmental issues, energy and infrastructure, drainage and water and information regarding your local authority. With over 150 years of conveyancing experience Gorvins Solicitors are best placed to deal with all conveyancing enquiries, ensuring that no stone goes unturned. To find out more information, contact a member of our conveyancing team or visit one of our conveyancing location pages.