How long is too long?

[BellaBlue]

Hi

I am not sure if I am posting this in the right forum, hopefully it will get moved to the correct place if not.

I have been waiting almost 9 months for my solicitor to do the necessary paperwork to have a piece of land transferred to me.

A little background, my land is 85% freehold but a small pocket of it is leased. The freeholder of that piece of land as agreed to transfer the land to me at no cost but in return I pay his solicitors fees. I have known this man for many years.

The freeholder is elderly and frail, my solicitor knows this. I expressed that because of this I would like things done sooner rather than later.

All the paperwork is all there except for the fact that the drawings attached to each sale/lease vary slightly. The land was bought back by the owner before me but was sublet to him by the daughter of the freeholder who bought a house from her father previously along with this little plot of land. This plot of land is not attached to that house, it is separated from it by a path/driveway which is a right of way it is wholly on my side. My house and land is the only plot on the other side of this driveway.

last summer I gave my solicitor the deeds and went through things with him.

To date he has done nothing. 2 emails from me were not replied to. He did reply to my third the other day stating that he had spent some considerable time studying the title which was somewhat complex. This is the first time he has communicated with me since I was in his office last summer.

Hopefully I have now given him the kick up the bottom he needed to get things moving.

Should he continue to drag his heels would I have cause for complaint or am I being unreasonable?

[MissFM]

Re: How long is too long?

Hello Bellablue

Can't help you with the finer details but I would say, from personal experience, that you are not being at all unreasonable. If I were in your shoes I would definitely ask him some hard questions -maybe even put in an official complaint - because it also looks as if you are being set up for a hefty bill.

[enquirer]

Re: How long is too long?

... it also looks as if you are being set up for a hefty bill.

Yes, definately.

Even though solicitors occupy a different timeframe to the rest of the world, nine months is far too long. This joker needs a short 'get on with it, or give it up' letter.

[Celestine]

Re: How long is too long?

I'd request a breakdown of his fees to date...to be on the safe side!

[MissFM]

Re: How long is too long?

As a footnote to the above: the solicitor is required to give you a full breakdown of his charges, t&c's and complaints procedure before taking instruction. There should be no unpleasant surprises re his/her charges Conveyancing is not rocket science but it is painstaking in that he/she will have had to do searches and whatnot but most solicitors seem to quote a fixed charge or a percentage of the property value. The latter would obviously be subject to argument if the land is being transferred FOC (warning light mark2!). Definitely take the advice above and if he doesn't pull his finger out YESTERDAY or you are unhappy at all come back and we'll try to help all we can.

[BellaBlue]

Re: How long is too long?

Thanks a lot for all your replies.

i will definitely be requesting a breakdown of the costs and will challenge anything that I think is unreasonable. It will be interesting to see if a problem crops up now that he has had 9 months to spot.

I have used him several times in the past and he is usually very good but for some reason this time he is dragging his heels. I don't take kindly to having my emails ignored and such when I am paying him to do something for me.

Interestingly his secretary now owns the house that formerly owned this little plot of land. I recently had planning permission granted despite a large number of objections from my neighbours. I cannot help but feel that this may have something to do with it.

It is a little awkward corresponding with him now knowing that my neighbour will know everything. Once this job is done I may move my business elsewhere.

[alham]

Re: How long is too long?

If I was in your shoes I'd move my business elsewhere, especially as you say the owner is elderly and time is not on your side. You could do the transfer yourself if you wanted to.

[BellaBlue]

Re: How long is too long?

I wouldn't know where to begin to do it myself.

This solicitor is handy as he is based within walking distance from my home. I'm hoping he has done some searches already as I paid him £250 up front for that so it makes sense that I get him to finish it and then move. He also knows some of the history as the freeholder once owned a lot of land which has been sold over the years and this solicitor handled the sales for some of my neighbours who bought land of him.

i have the benefit of some of THEIR leases, whatever that means but I don't think they like it. Lol.

[MissFM]

Re: How long is too long?

If I was in your shoes I'd move my business elsewhere, especially as you say the owner is elderly and time is not on your side. You could do the transfer yourself if you wanted to.

Tend to agree!
Solicitors are, though, bound by a strict code of conduct as regards client care http://www.sra.org.uk/consumers/sra-...age#principles and would (one hopes!) be very aware of avoiding even the appearance of a conflict of interest. As you clearly get on with your present solicitor, would it be a possibility to have an "off-the-clock" chat with him and tell him your concerns? If you are not satisfied with his response, a phone call to the SRA might be worthwhile. Although confidentiality would be assumed, the secretary won't have signed the official secrets act and is a human being - it must be very awkward and worrying for you.

[BellaBlue]

Re: How long is too long?

I do actually like my solicitor, he is a bit of a character and his office is something akin to a bomb site with papers piled everywhere. He has done work for me satisfactorily in the past.

i don't like to complain but at the same time I have to protect my interests.

I will give him a month and see what progress, if any, he has made before doing anything further as regards moving elsewhere. I think that is fair. I have no wish to fall out with him.

I get along fine also with my neighbour but I am just wary of my business becoming village gossip.

Perhaps I'm too nice! I am certain now that once this is done I will change Solicitors.

Thanks again for your help

[enquirer]

Re: How long is too long?

... his secrtary now owns the house that formerly owned this little plot of land. I recently had planning permission granted despite a large number of objections from my neighbours. I cannot help but feel that this may have something to do with it.

Nice plot of land with planning permission ... elderly owner who might die at any time ... I wouldn't be inclined to wait another month. Pay him a visit, take any search results, pay whatever is owing, and go elsewhere.

[MissFM]

Re: How long is too long?

Nice plot of land with planning permission ... elderly owner who might die at any time ... I wouldn't be inclined to wait another month. Pay him a visit, take any search results, pay whatever is owing, and go elsewhere.

I must confess that that was my first thought too (as Alham above) but maybe if it's a little complex as regards title and boundaries it's worth giving this solicitor (who knows the terrain and the OP likes him) a further try?

[enquirer]

Re: How long is too long?

I must confess that that was my first thought too (as Alham above) but maybe if it's a little complex as regards title and boundaries it's worth giving this solicitor (who knows the terrain and the OP likes him) a further try?

Once is chance ... twice is coincidence ... three times is enemy action.