Buying or selling property involves significant trust and when professional advice falls short, the impact can be costly. Whether it's poor conveyancing, overlooked title issues, or delays that derail transactions, clients rely on legal professionals to get the details right. When that duty is breached, it may form the basis of a professional negligence claim.

In this article, I’ll break down how these claims come about, how they’re evaluated, and what steps you can take if you’ve experienced a loss.

What Is Professional Negligence in Property Transactions?

Professional negligence occurs when a solicitor or conveyancer fails to meet the standard expected of a reasonably competent practitioner, and the mistake causes financial harm. In property matters, this can include:

• Failing to properly investigate title, easements, or covenants;
• Inadequate or delayed advice during time-sensitive transactions;
• Errors in contract drafting or execution;
• Mistakes in registering titles or mortgages; or
• Incorrect advice on lease terms or shared ownership obligations.

To succeed in a claim, you will need to show:

• A duty of care was owed;
• That duty was breached;
• The breach caused your loss; and
• You suffered a measurable impact.

Time Limits to Claim

Most claims must be brought within six years of the alleged negligence. If the mistake wasn’t discoverable right away, Section 14A of the Limitation Act may allow up to three years from the date it was (or should reasonably have been) identified.

Real-World Example: Milford Investments v Lanyon Bowdler LLP [2024]

In this recent High Court decision, handed down in December last year, a commercial developer claimed that its solicitors were negligent for failing to ensure a Limited Liability Partnership (LLP) was incorporated before signing key development agreements.

The oversight meant the agreements were unenforceable, allowing landowners to withdraw from a lucrative deal. The judge found that a competent solicitor would have either incorporated the LLP first or clearly warned of the risks. The claimed loss? £6.8 million in potential profits.

An appeal is reportedly underway, but this case highlights how crucial timing, structure, and professional foresight are in complex property deals.

Case Files

I’ve recently worked with clients on a variety of property-related negligence claims, including:

• A homeowner whose solicitor failed to advise on rights of way and service easements, leaving the property effectively landlocked.
• A buyer who uncovered major issues with the management company of a residential block, which had been hidden through incomplete replies to enquiries.
• A business client who received incorrect planning advice about whether land was suitable for the intended commercial use.

These cases show how even small legal oversights can lead to big problems for property owners and developers.

What Should You Do If Something Goes Wrong?

If you think you’ve been given bad property advice:

• Act fast - delays can hurt your chances of making a claim.
• Keep all documentation - contracts, emails, and title documents are key.
• Get expert legal advice - property negligence claims need careful handling and solid evidence.

I understand how frustrating and costly professional negligence can be, especially in property transactions. My team and I are here to help you assess your situation, navigate the claims process, and work toward recovering your losses. If you’ve been affected by poor advice, don’t hesitate to contact me by email mxw@law.uk.com.

Legal disclaimer

The matters contained within this article are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to its’ accuracy, and no liability is accepted for any errors or omissions.

Before acting on any of the information contained herein, expert advice should always be sought.

© Melissa Worth, July 2025