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Hi...
I engaged a branch of solicitors for conveyancing purposes in 2021- 2022, with the final purchase of my property completing in October 2022.
In September 2024, it was revealed to me that a DMMO (Definitive Map Modification Order) application made in 2006 was pending which directly affects the property I purchased and have since lived at. If I had known that an application to open a bridleway directly through my property was pending, I would not have purchased the property. The proposed bridleway would essentially be my access track, and would pass between my home and my office.
The searches company engaged by my solicitor had not revealed this information on the searches. The searches company will not communicate with me directly about the issue 'due to GDPR', so I asked the solicitor to contact them regarding the issue. They came back explaining that there was no administrative failure on their part, and that the County Council had not provided them the information when requested. However they were willing to refund my searches fee and a offered a 'goodwill gesture' of £500 in compensation.
The council state they have not had any enquiries from the specific searches company at all.
My solicitor is now saying I will need to engage them under contract to investigate this further, incurring legal costs, which is money I do not have to spend on this. Surely this should have been covered by their insurance and under the contract of engagement for the initial conveyancing contract?
Where do I stand?
I engaged a branch of solicitors for conveyancing purposes in 2021- 2022, with the final purchase of my property completing in October 2022.
In September 2024, it was revealed to me that a DMMO (Definitive Map Modification Order) application made in 2006 was pending which directly affects the property I purchased and have since lived at. If I had known that an application to open a bridleway directly through my property was pending, I would not have purchased the property. The proposed bridleway would essentially be my access track, and would pass between my home and my office.
The searches company engaged by my solicitor had not revealed this information on the searches. The searches company will not communicate with me directly about the issue 'due to GDPR', so I asked the solicitor to contact them regarding the issue. They came back explaining that there was no administrative failure on their part, and that the County Council had not provided them the information when requested. However they were willing to refund my searches fee and a offered a 'goodwill gesture' of £500 in compensation.
The council state they have not had any enquiries from the specific searches company at all.
My solicitor is now saying I will need to engage them under contract to investigate this further, incurring legal costs, which is money I do not have to spend on this. Surely this should have been covered by their insurance and under the contract of engagement for the initial conveyancing contract?
Where do I stand?