Did my solicitor fail to do his job?

[clutzuk]

Hi there,
This question relates to Scottish Law when buying property.
Long story short I am going around in circles, everyone, including the Law Society says the following is a grey area:

I bought a home with no-one over looking the back-a main reason for buying it. Turns out there is planning permission for nearly 200 houses to go in the land. The planning request went in 5 years ago and again 6 months before I purchased.

Surely my thousands to the solicitor would include them searching for planning requests in the area impacting my property?

I know there are searches for mining, planning on the house itself. Surely there should be for surrounding land, neighbouring land so to speak?

I am getting conflicting information.

The owner has lied as they didn't tell us and that is a different story. For now I would really appreciate knowing did the solicitor fail his job?

Thanks so much for answers/advice I am at a loss.... I spoke to another solicitor in Scotland however their code of conduct means they don't talk "negatively" about other solicitors....

[lalalonglegs]

In England, a local authority search (that would show this sort of thing) is completely standard. Does the equivalent search exist in Scotland and is it something that is very usual (in England, I think it is needed to get a mortgage). If it is a normal part of the buying process then I suppose you could argue that your solicitor has let you down but I would check on the niceties of the procedure before pointing the finger.

I would also want to pursue the seller for non-disclosure. Again, in England, a declaration about development of neighbouring property is part of the standard process.

[InsertUsernameHere]

Have you posted over

[InsertUsernameHere]

In legal? (Finger fail on phone)

[MrsArthurWellesley]

I'm not sure that a local authority search in England would necessarily show this, because you would search against plot of land you were buying (by reference to an area marked on a plan). So if you were interested in ensuring that neighbouring land stayed clear, you'd have to include that in your search. Your solicitor wouldn't know to do that unless he was told.

But in any event the rules in Scotland may be different.

You say the seller lied about this - did you/your solicitor raise the question in writing with the seller? If the seller lied in writing about this, in England you might be able to sue for misrepresentation but you'd need to check the Scottish position.

[Frozenatchristmas]

I can get an answer for you tomorrow but my limited knowledge is that there are no searches for ground surrounding the property you are buying other that a coal authority report for mining and a property enquiry certificate which relates to the property only.

The thing that strikes me is the content of the home report and I am not sure legally what can be done if the seller is proven to have lied on it. For example, there is a planning application in near me and our correspondence from the council regarding it never arrived so by the time we knew about it, it was too late.

As for the solicitor failing in his job, I am not sure - I am sorry if this is harsh but why didn't you check yourself? It would be the first thing I would do if there was a huge open space behind a house that interested me.

I will come back to you tomorrow.

[Frozenatchristmas]

The surrounding area could come under the content of a property enquiry certificate but this is what I need to check.

[Frozenatchristmas]

You could google the scottish legal complaints commission and may be ask them also?

[Frozenatchristmas]

What council area are you in?

[specialsubject]

I don't know about Scotland, but in England the owner does not have to disclose this kind of thing unless asked. If you asked and they said there was nothing, that IS fraud. But if you didn't ask, that is caveat emptor.

not sure on the solicitor side.

[lalalonglegs]

It's one of the standard questions on the information forms that sellers have to fill out so if Scottish sellers have to complete similar paperwork then it should have been mentioned.

[Frozenatchristmas]

Depending on how active the planning was it possibly should have appeared on the property enquiry certificate. Ask your Solicitor for a copy of it. If it isn't mentioned, ask the Solicitor why - the actual preparation of the report is done by an external firm so if it should have been there and is not, it isn't your Solicitor's fault.