John Penny consulted Redress Law after a problem with the purchase of some land.
Mr Penny had a building company and he was buying land to build 2 houses. The neighbouring land was owned by a farmer, Mr Phelan, who had the benefit of rights to his boundary hedges. The effect was that no property was to be built within 3 metres of the hedges. Mr Penny informed his solicitors that he wanted to purchase the land in order to develop two properties to be sold at a value of £200,000 each.
Following the purchase of the land, Mr Penny was approached by the farmer who told him the boundary hedge was his and must not be disturbed and that Mr Penny could not build within 3 metres of the hedge. Mr Penny took advice from his solicitors, who advised him that the hedge was his land and he could do as he liked with the hedge and further advised him that he could build where he pleased within the boundary of the land. Mr Penny proceeded to cut down the hedge and to build one of his properties close to the hedge.
The farmer brought proceedings against Mr Penny for an injunction to stop further building and to remove the building works within 3 metres of the hedge. The farmer was claiming substantial damages for the destruction of the hedge boundary and trespass. The farmer was successful in obtaining an injunction to stop further development by Mr Penny and as a result his building company went into liquidation.
The first issue that arose was that the company was now in liquidation. We advised Mr Penny that he had a claim for solicitors negligence for negligent property advice. We successfully obtained a transfer of the liquidated company’s rights to sue to Mr Penny. We then brought proceedings against the previous firm of solicitors on the grounds of negligent advice.
We were successful in obtaining substantial damages from the solicitors for the benefit of Mr Penny.