Bloody, bloody, solicitor & retaining wall

[NoToast]

I was purchasing a property last year that fell through because of no planning permission and building regs on 30% of the property. Found out just before exchange as the solicitor hadn't passed over information.

As they had already done some work they offered a reduction if I used them for a future purchase. Duly found another place, I have a new and more experienced solicitor and been diligent in asking them to check boundaries and to pass over information. Which they haven't done. Now trying to exchange and they send over their report which includes the fact that a large and not looking pristine retaining wall in the garden is a party wall. I'd hoped and expected it was the responsibility of the other property owner but no, it's definitely a party wall. It's a it crumbly looking at the bottom and gas been repointed and patched in places, lots of effluorescence.

If I'd known earlier I would have had much more time to think about this and sort it out. If I go for a structural survey, I miss the stamp duty deadline and possibly the deadline for secondary school applications. The solicitor has sat on this information since end of June at least. I've asked them to raise it with the vendor, establishing ownership was also flagged as an issue in the homebuyer report which they were meant to action as a question and didn't (while all the time this info was on the property information form that they had).

I'm not sure what I'm asking really. I will complain to the solicitors. But I feel really stuck, do I go ahead and complete at my own risk, or do I delay and it costs me minimum, what 3k in structural survey and loss of stamp duty.

Has anyone here claimed costs against their solicitor in a similar situation? Any advice about party retaining walls is also welcome.

And yes, I'm a dick for using them again.

Any idea how the cost of replacing the retaining wall compares to the stamp duty you'd save by meeting the deadline?

Retaining walls and responsibilities can be a real pain. We went through and are still going through the process of establishing responsibility.

There is no clear record at Land Registry but the convention on the street suggests it’s the neighbours. However, with nothing on our plans our solicitors went for party wall.

Now, given our neighbour has levelled his garden, the law points to him now having responsibility for the wall (it is retaining his land plus he has levelled it). We are in the process of applying to Land Registry to get the records revised.

The law around retaining walls are complex. Certainly not your ordinary fence type boundary issues.

I may not have explained this clearly as I’m tired but I’d strongly advice you to look at advice around retaining walls. There are specialists/legal experts and have a look at the gardenlaw forum.

Not the same situation but I made a complaint to my solicitor for not advising on or highlighting a missing piece of information.

They ignored for months so in the end I took it to the ombudsmen who were great and handled it really well and clearly.

I was awarded the cost of an insurance policy my next buyer asked for in light of the missing information.

Thanks all, the property information form states responsibilities are shared and that's confirmed by the official title. So, I suppose in the bright side it's clear cut

Sorry to hear about other people having issues. It's probably 5-8ft high and probably about 4m long in the high section. So probably not cheap if it comes down (worst case).

Costs to repair maintain a party wall fence are not necessarily split equally. It depends why the it is in a state of disrepair, who's fault etc.

that should be 'party fence wall'!