We purchased a property with the view of developing the plot as it had lapsed planning for an additional dwelling in the garden. However there is a restrictive covenant on the property (missed by our conveyancing solicitor) and the neighbours are the beneficiaries. They have requested a substantial figure (£75k) to allow us to build and our pockets are not able to to handle this. We believe it is down to our conveyancing solicitor and company to resolve this as they missed the covenant, and we have appointed a litigator to attempt to resolve this. However 2 years later and many thousands of pounds lighter we are no closer to a resolution as the conveyancing solicitor refuse to admit liability and are questioning that amount required (their surveyor briefly assessed our loss as minimal!). Our loss, as assessed by our surveyor before we had negotiated with the neighbours was high (£90k) as the land had lapsed planning, but we are getting lost and tied up in the legal speak and red tape and unable to see what we are entitled too! We have been offered a low figure of just over £20k by the conveyancing solicitor, but this will not enable us to build as we will have to sell the land to pay the remaining amount the neighbours want. We have also got planning for the new house from the council (another mine field) but we are a bit unclear on how to proceed! Does anyone have any thoughts on this or similar stories?
Conveyancing solicitor missed a restrictive covenant
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