Property Solicitor Negligence denies homeowners true ownership
Four unfortunate families have been engaged in a fight for ownership of their properties. They paid around £80,000 14 years ago for their homes and yet still have no clear ownership.
The building of 56 houses at Happy Valley Road in Blackburn, West Lothian, ceased after builder Braid Homes went bust. In November 2000, the Keeper of the Registers informed solicitors that the four completed houses (along with the sewer outlets for another 17) were on land owned by farmer Robert Findlay. In February 2002, the land was sold to property developer Crannog for £150,000, in spite the previous ownership issue remaining unresolved.
Insurers Royal and Sun Alliance agreed without objections to Crannog’s claim against the Law Society’s indemnity Scheme. However, this deal involved no agreement regarding the ownership of the 4 completed homes, which Jack Anderson, Crannog director, independently valued at £650,000. This lead to Crannog delivering eviction notices and raising rent demands to the four families. Anderson claimed this was not his intention but was left no other choice by the indemnity insurer, and that he was advised to push individuals to raise actions against their own solicitors.
A clear case of property solicitor negligence
The Law Society of Scotland urged any sufferers to bring up a claim against their solicitors, as the master policy provides indemnity for solicitors involved in such claims. Nevertheless, the first case for solicitor negligence was abandoned days before the court hearing in 2006. This was due to an expert report, presented by the insurers, stating that the ability to spot that the house was in the wrong place would not have been carried out by an ordinary solicitor but rather one that carefully assessed the situation and used it to their advantage.
Now as Crannog goes into liquidation due to the legal battle with Royal and Sun Alliance and Anderson suffers personal bankruptcy, the residents of Happy Valley are still powerless, unable to sell their homes or pass them on to their families. The Law Society denied responsibility for the cases on the basis they could only investigate complaints brought by the Scottish Legal Complaints Commission, which has a six-year time bar on complaints. Overall, a lot of time, money and energy has been wasted due to the negligence of property lawyers.
If you have been the victim of property solicitor negligence, you should take advice as early as possible to ensure you do not lose the right to claim.
