Aggressive Land Law solicitor sought

[Dinnerplatedahlia]

Does anyone know of a property lawyer who is red hot about covenants and stands no nonsense? We are being pulverised by our affluent neighbours’ solicitor and our solicitor is no match. She sadly dropped the ball during the conveyance process and it has only just come to light. She doesn’t want to go there but unfortunately we’ve got no choice. Any recommendations would be appreciated. Thanks

What does this covenant relate to that could cost hundreds of thousands and endanger lives?

Complaint to conveyancers. Who will then look at their professional indemnity insurance to cover the costs to remedy the situation. Get a few opinons from other firms as well in the meantime so you know what your 100% dealing with.

@Mirabai I'm thinking retaining stone wall/something to do with potential leaks from a very inaccessible water or drainage system??
Possibly one of those instances where neighbouring properties have to maintain the nearby church,?
And it has a spire that is in dire need of repair??
Intriguing.

Well, it's on the intriguing level for me as I'm not involved.
Can understand it's a nightmare for the OP.

You’re not too far off. It’s nothing that your everyday household would contemplate having to pay for.

I have enormous sympathy for you OP. We were aggressively threatened by neighbours over a property issue. Our conveyancing solicitor (who had made a small procedural error that as far as we can tell was not material other than that the neighbours seized upon it) and his firm closed ranks and said we needed our own representation, our household insurers said they wouldn't help us and my union legal insurance said the same because they said the claim was bullshit. Everyone we spoke to said the claim was bullshit but that didn't change the fact we were being bullied by our neighbours and their rat of a lawyer and incurring costs responding.

Sadly it left us with the conclusion that the law is an ass because it doesn't matter who is right or wrong, more who has the cash to keep up the game.

Our first solicitor was conciliatory and outgamed, our second one better. I will pm details. We did resolve it ultimately but had to declare the dispute when we sold and lost a lot in value as a result.

It’s absolutely the conveyancer’s responsibility to report on the title including covenants. But the OP said that the problem was the neighbours lying - the conveyancer isn’t responsible for checking whether the neighbours are lying.

If the lie was that there was no covenant, and it was there to see on the title, and could be cross-checked / verified, then it absolutely is their responsibility.

I was thinking walls, embankment… some kind of flood or coastal erosion defence asset etc…

The reason I ask is that the only things that I can think of that would cost hundreds of thousands to maintain would be quite hard for a solicitor to miss, quite apart from the fact it’s on the land registry.

Yes we watched this happen to friends of ours. They lost a sale but thankfully did ultimately sell but at a reduced price. It’s not nice to be in the middle of. Very stressful.

Quite

We are staggered that it was missed. We’ve had a couple of free consultations today and the legal professionals were aghast. It still doesn’t make it easier in many ways because who wants this in their lives? Not us.

Has a solicitor confirmed that your interpretation of the covenant is correct?
I only ask as often covenants prevent you from doing certain things rather than require things which cost you money to do.

Yes Lumpy.

Your solicitor will have professional indemnity insurance. I would be getting them to sort it whatever way they can.

Is it a chancel repair covenant and the affluent neighbour is a church?
That's a huge mistake if so.

@BurntBroccoli the OP doesn't want to give details because it would be too identifying.

Ah okay

You need to get the negligent lawyer to pay. They have insurance for a reason.

They missed something that has put you in a position that will cost you lots of money - so they need pay.

I'm not clear if you want to hire another lawyer to sue the first on or to in some way defend against enforcement of the covenant.

If the former - you don't need another lawyer you need to escalate through the complaints process and involve the SRA.

If the latter, it's unlikely they'll be able to prevent enforcement, assuming it's a normally drafted covenant. They might be able to hold them off for a while, but if you can't afford to pay, just respond to the covenant beneficiary saying that. Say you are expecting your negligent ex-solicitor to pay once the matter is settled with them/the SRA.

In short, I'm not seeing what paying for another solicitor will add here. (Though there will be plenty willing to take your money to advise you.)

You can also call the SRA and ask them for advice.

Thanks all for your support today. It has been really valuable. We are definitely going to give our solicitor a chance to address this via their complaints procedure first.

You need a property litigator to deal with the neighbour. I agree with @sunburnandsangria , go through the conveyancer’s firm and request a specialist prop litigation lawyer (for free)
to deal with the issue. If they don’t have one, their insurance will have to instruct/pay for one from another firm on your behalf.

As for the covenant - presumably the covenant in breach? Is the person with the benefit of the covenant now seeking to enforce it? If you are in breach but it’s not currently being enforced, you may be able to obtain title indemnity insurance for the issue.

Honestly OP don’t go easy on the careless solicitor. It could cost you a lot of money. Competent people make mistakes every now and then, that’s life and I’m sure she’s apologetic and embarrassed, but her firm must now put this right without charging you.

As lord Denning said, justice is like the Ritz, open to all.

You could also try to go direct to a barrister - Oliver Mitchell of guildhall is great.

You definitely need a property litigator. I'm a property lawyer and I would pass it straight to a litigator.

Good luck - sounds very tough.

That’s not how it works, all conveyancers would know to go by what is on the registered title and ignore any rogue comments to the contrary from a seller in any enquiry replies.

It’s also not normal to ask a seller if there’s any covenants - as it’s on the Title and you work off that.

Of course that doesn’t rule out a conveyancer missing it on the title or asking the wrong enquiries about it or accepting very lacking replies to enquiries on it - ie not probing it enough with the seller to be able to probably advise the buyer