Rather, it is most often the basics that have been missed: a lack of attention to detail when considering the access rights, a failure to understand what is or is not included in the title or a failure to check with the client that what is included in the title is what they have been shown when viewing the property. The claims of this type that we encounter do not tend to involve any particularly complicated mistakes or misunderstandings by the solicitor. Our experience tells us that the prospects of resolving claims of this nature often depend rather more on the attitude of neighbouring third parties than on the ability of insurers to mount a robust legal defence of the solicitor’s actions. Lead Master Policy Insurers, RSA, have encountered all sorts of access related claims over the years. Simply put, whilst a property with access issues will usually retain some value, that value is likely to be far less than a similar property on the market that enjoys the necessary right of access. Whilst the title to most properties will be “good”, the key to a “marketable” title is access. If the solicitor fails in doing so, it will be relatively straightforward for the client to demonstrate a breach of professional duty. ![]() When accepting instructions to act in the purchase of a property, a solicitor, above all else, contracts to obtain a “good and marketable” title for their client.
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