Claims against conveyancers

If your property transaction has gone wrong because of a conveyancer’s mistake, you may be able to bring a professional negligence claim against a conveyancer (or their firm) to recover compensation. In conveyancing, errors can be expensive and stressful. They can delay or derail a purchase or sale, expose you to unexpected liabilities, or leave you with a property that is worth less than you believed.

What constitutes professional negligence by a conveyancer?

Conveyancers and conveyancing solicitors are expected to carry out transactions with reasonable skill and care. Duties can arise under the retainer (the engagement terms) and/or in negligence. The precise scope of the duty will depend on what the conveyancer was instructed to do and the context of the transaction, including the level of complexity and the client’s needs and objectives.

A claim commonly arises where a conveyancer has failed to take a step that a reasonably competent conveyancer would have taken or has given advice that falls below the acceptable standard, and that failing has caused loss. In many cases, it is not a single “technical” error but a combination of poor advice, inadequate investigations, and a failure to identify or explain risk in a way that would allow the client to make an informed decision.

Common examples of conveyancing negligence

Conveyancing negligence can arise in residential and commercial property transactions and may include failures connected with title, searches, reporting, lender requirements, or completion mechanics. Typical allegations against a negligent conveyancer include not identifying restrictive covenants or easements that materially affect use or value, not spotting defects in title or ownership problems, and not raising appropriate enquiries or following up on responses.

Other common scenarios include failures to advise on planning or building regulation issues, rights of way and access, boundaries, lease terms (including ground rent, service charges and repairing obligations), and liabilities attached to the property such as rent charges or estate management charges. Our lawyers also see claims that involve: missed deadlines and notices, errors in completion statements, incorrect distributions, failures to register title or charges correctly, and errors leading to additional SDLT exposure and penalties.

In commercial transactions, issues can include defective reporting on title, inadequate advice on heads of terms, or failures to address property due diligence risks in a way that aligns with the transaction timetable and the client’s commercial position.

Not every poor outcome means the conveyancer was negligent. It depends on whether conveyancer fell below the required standard and whether that failing caused a loss that is recoverable in damages.

Time limits for bringing a claim for negligence

Limitation can be decisive in professional negligence claims and should be assessed at the earliest opportunity.

In broad terms, claims founded on contract must generally be issued within six years from the date of breach. Claims in negligence (tort) must generally be issued within six years from accrual of the cause of action.

Where the relevant facts were not known at the time, certain negligence claims can benefit from an alternative time limit of three years from a “starting date” based on knowledge, if later than the six-year period. There is also an overriding longstop of 15 years from the act/omission.

Limitation is fact sensitive. Where time is tight, parties sometimes agree a standstill while pre-action steps are followed; the Professional Negligence protocol expressly recognises that possibility and also notes that proceedings may need to be issued and then stayed where limitation is approaching.