Formal complaint against conveyancer?

carriedout · 20/04/2023 23:17

Ask your current solicitor if there is any recourse?

Original poster

AnneShirley18 · 20/04/2023 23:25

Do you mean is there any way round the lease plan issue or is there any point in pursuing something against previous solicitor? The lease plan issue is very complicated.

OP posts:

GU24Mum · 20/04/2023 23:29

Has it been registered at the Land Registry? There must have been a plan lodged if it is. If the lack of plan means your interest was never registered, that's a completely different (and far more serious) matter.

Japanesejazz · 20/04/2023 23:33

If your property is registered at land registry; which it should be
there is a lease plan

DelphiniumBlue · 20/04/2023 23:33

Might it be possible that a plan is not necessary, if it clear what is within the flat? Does the lease refer to a plan which is not in fact included? Is it registered with a plan? Was there a plan which has been lost?
I’m not sure why your current solicitor is outraged yet not advising you on how to sort this out. It’s not straightforward, we can’t help without seeing the lease. You could contact the the conveyancer who acted on the purchase and ask them to clarify what happened. I’d also check the report on the lease and title which you would normally be given before exchanging contracts, that would normally comment on the plan.

Original poster

AnneShirley18 · 20/04/2023 23:34

Yes when I purchased it, the property was registered with LR but the original lease plan is missing showing boundaries etc. LR hold a lease plan for every other flat in building except mine.

OP posts:

EmmaEmerald · 20/04/2023 23:37

GU24Mum · 20/04/2023 23:29

Has it been registered at the Land Registry? There must have been a plan lodged if it is. If the lack of plan means your interest was never registered, that's a completely different (and far more serious) matter.

That's my query too
if the previous solicitor didn't get this, then I think you need to complain via the Ombudsman

but whoever sold it to you will have had a lease plan, so it should exist, maybe the Land Registry will have old record

sorry to ask but are you sure your current solicitor is right that there's no plan? I tried to buy and sell last year and my solicitor told me she was seeing unusual levels of incompetence in conveyancing. I think professional standards are the lowest I've seen in my line of work too.

EmmaEmerald · 20/04/2023 23:39

AnneShirley18 · 20/04/2023 23:34

Yes when I purchased it, the property was registered with LR but the original lease plan is missing showing boundaries etc. LR hold a lease plan for every other flat in building except mine.

Cross post
so I think your first step is to contact your original solicitor and see if they have a copy

but I'm puzzled your current solicitor hasn't told you this.

Original poster

AnneShirley18 · 20/04/2023 23:47

Yes I think you might be right with the competency levels. I had a bit of break down on the phone earlier and couldn't hold back the tears (mortifying) and for the first time in 20 weeks of conveyancing, the named solicitor has handled my file. It's been one trainee after another. I have so little control over this process and so little confidence in those handling it, I'm really starting to lose the plot.

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EmmaEmerald · 21/04/2023 00:14

AnneShirley18 · 20/04/2023 23:47

Yes I think you might be right with the competency levels. I had a bit of break down on the phone earlier and couldn't hold back the tears (mortifying) and for the first time in 20 weeks of conveyancing, the named solicitor has handled my file. It's been one trainee after another. I have so little control over this process and so little confidence in those handling it, I'm really starting to lose the plot.

Oh I'm sorry
if it's any consolation, I burst into tears today after 45 mins on the phone with internet customer service - it was like talking to bots, then I got a lady trying to be helpful but repeating "I can see the notes on your file but I don't understand them". I didn't just cry, I hung up on her!

Every area where help is required, you're just met with a bunch of madness. When I finally moved with the new firm, I had the money ready, they said they'd checked it, then called on the day and said it was actually a bit short and accounts had only just seen it.

my dad died five years ago and we've found something the probate solicitor overlooked. I'm okay with a genuine mistake but they made several errors, then wouldn't reduce the bill because they had an excuse for everything. They are doing this free of charge but mum could have dine without the stress.

The good news is, it might be something really simple and that the lease plan is there and does exist. I hope you get it sorted asap.

here's some info on complaining if you need it
I helped a friend complain and she got £500 compensation on top of some legal fees being paid. But I really hope you won't need to.

https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor

Original poster

AnneShirley18 · 21/04/2023 00:20

Aw it sounds like your family have had a really tough time. I'm sure you were a real support to your mum. Thanks very much for your advice 😊

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Maze76 · 21/04/2023 06:50

@AnneShirley18 Anything property related is a pain in the backside, and your situation sounds quite painful! Out of interest are your conveyancers a large firm?

Hereforthedramaz · 21/04/2023 07:05

Hi i think I had a similar issue.

I bought a house and the title plan was missing. The conveyancer didn't mention it and the sale went through fine.

When I came to sell the buyer's conveyancer raised it as a problem but the solution was simply an insurance policy. For the risk of someone disputing the plot, in reality the risk of anyone doing this is low so it was £100-200 policy which I had to pay.

Because I hadn't been told it was missing by my previous conveyancer I raised a complaint, they did not respond so I took it to the ombudsman who simply made the previous conveyancer pay the insurance policy.

Original poster

AnneShirley18 · 21/04/2023 12:29

Maze76 · 21/04/2023 06:50

@AnneShirley18 Anything property related is a pain in the backside, and your situation sounds quite painful! Out of interest are your conveyancers a large firm?

The firm for purchasing has 5 or six offices in different locations. The solicitor who handled my file seems to have moved on. The one who is handling my sale is smaller.

OP posts:

Original poster

AnneShirley18 · 21/04/2023 12:33

Hereforthedramaz · 21/04/2023 07:05

Hi i think I had a similar issue.

I bought a house and the title plan was missing. The conveyancer didn't mention it and the sale went through fine.

When I came to sell the buyer's conveyancer raised it as a problem but the solution was simply an insurance policy. For the risk of someone disputing the plot, in reality the risk of anyone doing this is low so it was £100-200 policy which I had to pay.

Because I hadn't been told it was missing by my previous conveyancer I raised a complaint, they did not respond so I took it to the ombudsman who simply made the previous conveyancer pay the insurance policy.

That sounds promising. I bought the indemnity insurance already but that wasn't enough because it appears the flat opposites LR plan shows it to be where ny flat is. It is a big fat mess! Good to know there might be some accountability though! Thabk you! It won't progress my sale though and I am stressing!

OP posts:

Hereforthedramaz · 23/05/2023 06:16

Nnnnnj

Writeandroll · 23/05/2023 06:27

If it’s registered then there will be a title plan. Regardless of whether there’s a plan in the lease

Oaktree1233 · 23/05/2023 06:46

Seems to me that you have to contact those indemnity insurers. Hopefully th4 insurance policy is adequate but it is a mess as you need a lease of the correct area. But get legal advice. You will need to get a deed of rectification done for both leases with correct plans but the insurers need to know first so as to not void the indemnity insurance. A competent solicitor needs to take this over and also your previous law firm’s senior partner and not your individual solicitor could be contacted to explain what they have done and why you are in this mess.

Oaktree1233 · 23/05/2023 06:46

Whatever you do get competent legal advice before taking any steps.

AXD1999 · 08/12/2023 21:33

Hello,

I know that this is a slightly older post, however, I have just come across it. Not sure of the ultimate outcome, though I do hope that it is resolved.

I am a here. Of course, cannot offer specific legal advice or guidance, especially given that without actual knowledge of the entire situation cannot really give an answer. Just for other readers or people in similar situations really…

It will often be the case that upon the grant of a brand Lease of a Flat in a block, the Lease will set out a description of the Property, which floor of the block it is etc and it will then say it is shown on the Lease Plan. There would then need to be a Plan showing the extent of the boundaries of the Property etc.

Once completed, the Lease would be sent to the Land Registry and they will create the Title etc. Sometimes there may be a missing Plan, but that does not mean there isn’t one. It may be that somebody when scanning has missed the Plan, or say the Plan was A3, only half of it scanned as A4 etc. There can often be issues with Lease Plans (not referring to a defect in the Plan itself) where say it’s not scanned in colour when there should be a rainbow of colours of this edging and shading etc! Whilst it can of course happen now, certainly an issue for older Leases. Hopefully this can give some insight as to these sorts of problems. Like I said, can’t be certain that this applies in this particular scenario, but it may for others.

I do always recommend that original Title Deeds are kept where possible. Often there may be errors made where the electronic scanned copies are poor, blurry, pages missing, in black and white when you need a coloured Plan etc. it’s handy then to go back. Whilst they’re not always needed, helpful in situations such as this. Sometimes other parties may hold a copy- whether a Landlord or any of the original Solicitors who had acted at the time of the original grant of a Deed (they may hold a scan or a photocopy on their files).

I truly hope that your transaction went through to the resolution that you wanted. Hopefully the above helps others in the future that may be in a similar situation.

BenSeaton · 21/01/2025 14:42

AnneShirley18 · 20/04/2023 23:08

5 years ago, nearly 6, I bought a leasehold flat. I was a first time buyer. I'm now selling it and it's been a nightmare with a thousand hurdles not least of all the fact that there is no lease plan for the property. My current solicitor and that of my buyer are outraged on my behalf that this wasn't raised by my solicitor when I putchased the flat. What would you do? What can I do?

@AnneShirley18 You should try use conveyancing-refund.com they can submit a formal complaint for you and most likely get you a full refund