Q:Hi, would appreciate it if someone could give me any advice, or point me in the right direction. Bought our home 5 years ago and the solictor carried out a local search which showed a proposed plan towiden the M25 which didn't really affect us. However, 5 years later we find ourselves in the middle of a construction site becuase the motorway which IS near us is also being widened, and in our direction
About a year after we moved in, our neighbours mentioned the proposed widening, which we knew nothing about. They said it had been in the pipeline for years for was always being rejected, and even though they'd moved in 6 years before us it had shown up on their local search. At the time I wasn't too concerned because, according to the neighbours, the Highways Agency had been trying for approval for 12 years with no luck. However, I did contact the solictors that we'd used and they said they could do nothing unless I paid them ￡250 to get my files back from archiving:rolleyes: I told them I'd leave it for the time, thanks.
Five years later and we're going through loads of construction nightworks (the noise during the day is almost bearables, apart from the sheet piling) and the Highways Agency are nect to useless, no insulation will be provided etc (I won't bore you with the details).
It's now getting to the point where we're thinking of selling, but there's no way it would sell for what it's worth (if at all). Had we known about the proposed works then we wouldn't have bought the house, and I've got an increasing desire to "make someone pay" for the situation that we're in.
So who's at fault? Initially, I laid the blame with the solictors, but they only take the word of whichever company does the search on their behalf. Any advice on this would be very helpful.
A:Thanks for the reply, as I told the solictior at the time, I still have all the copies of the letter they sent to me but they still insisted on being paid ￡250 for de-archiving. Seems strange that my nect door neighbour's search came back with the proposed road works while mine didn't, though now that you've told me it's down to the solicitor to interpret the replies.
Think it's time for me to go dig out all the paperwork
A:Hi. the local search is a request for information from the solicitors to the local authority (LA). Where I worked, we did not employ a separate company to do this and I don't know of anyone who would.
Many LA's send back standard replies together with one copy of the form the solicitor sent them. Some answers require tick boxes and as mentioned previously some are answered by a standard set of pre typed replies.
It is up to the solicitor to interpret those replies and raise further questions with the LA if necessary.
Incidentally, the solicitor not only works for you during a house purchase, he also works for the mortgage lender who needs to know they are covered if anything goes wrong and they need to sell the house and recoup their money. So if the solicitor has mislead you, they have also mislead the mortgage lender.
You may have received a copy of the local search when you bought your house. Most solicitors and mortgage lenders are keen to give the borrowers as much paperwork back as possible to save on storage.
Have a look through your paperwork for a couple of forms address to the LA. This will save you £250.
If you feel your solicitor was negligent, you can always contact the Law Society for advice with a view to taking legal action.