Yeh that bits petty
but the guy who built the house and then sold it has 92k but she has no deeds. The Solicitor says he released it on her say so. I think even if thats true its pretty shit legal advice.
( Peej, Tue 17 Jun 2014, 12:39, 3 replies, latest was 11 years ago)

It does seem to be bad advice.
I'd be interested to hear how it plays out
( Windy Pig I'm naturally quite suspicious about the moon., Tue 17 Jun 2014, 12:44, Reply)

She could sue the homeowner.
The statutory interest on the money alone equates to £20.00 per day. I'm not sure why the solicitor would release the monies directly to him though, it's usually sent to the other parties solicitor to distribute. Until the completion date, though, no-one other than the solicitors should be in possession of anything from a financial perspective.
( Muns, Tue 17 Jun 2014, 13:05, Reply)

I think she should cry herself to sleep

( Peej, Tue 17 Jun 2014, 13:27, Reply)

boring answer
need more info to form a view. you don't need a deed to have a right of way, although it's better if you do, from a certainty perspective. if you and your predecessors have been doing something for 20 years or more, you might have acquired an easement.

in fact, the whole story sounds fishier than YM's pants. who lets someone move in and do works when they've only paid a deposit? what if they fuck your house up and then never finish or pay the balance?
( rachelswipe with a fork, Tue 17 Jun 2014, 13:30, Reply)

Thats what I thought.
THe access rights thing isn't really an issue, its the excuse they are using for not being able to provide a deed.

My question really is, If the solicitor handed over the money when a deed apparently doesn't exist, is he at fault?
( Peej, Tue 17 Jun 2014, 13:36, Reply)

it depends on what advice he gave her
and what instructions she gave him. if he could not reasonably have been expected to know of the existence of the deed, that is one thing. but it seems to me that, on the facts, he should have been asking questions about access. then again - maybe he did.

if she is in any doubt, she should ask him for her file, and take it to see another solicitor, to see if there is a claim.
( rachelswipe with a fork, Tue 17 Jun 2014, 13:43, Reply)