Businessman Mark Knight contacted Redress Law for advice.
In 2005 he had instructed a firm of solicitors to purchase a property from a SWH Holdings who had purchased a property from BN Always. BN had entered into a contract during 2004 with two married couples. These two couples had the benefit of a right of way over the land on which the Property was developed. The Contract intended that the right of way be removed when BN Always complied with the terms of the Contract. BN had not fully complied with the Contract at the time of the sale of the property from them to SWH Holdings.
When Mark Knight bought the property he was under the impression there were no issues such as adverse rights of way. When it turned out the rights of way were still in existence and that they ran straight through the building, the property would have to be pulled down.
Redress Law advised Mr Knight that he had a valid claim against his previous solicitors for failing to properly advise him on the rights of way and ensure that such was removed prior to purchase. They had failed to carry our reasonable and necessary enquiries to ensure there was no effective right of way.
He also had an alternative claim against SWH Holdings because they misrepresented that the right of way had been released already prior to sale.
The matter was contested but we established a claim against the solicitors in negligence and against the previous owners for breach of contract and misrepresentation. Mark Knight obtained very substantial damages.