Conveyancing Negligence

Published on 06 March 2011 by admin in blog


Armstrongs writes as to conveyancing negligence and holding your property as to joint tenants or tenants in common.

If you require advice as to conveyancing negligence then fill in one of our enquiry forms below.

The importance of proper advice being given by Solicitors and parties taking advice when purchasing a property was illustrated in the recent case of Kernott v Jones.

A couple were purchasing a property.  Jones provided the majority of the purchase price.  The property was to be held in joint names as opposed to tenants in common.  The couple split but failed to deal with the arrangements for the property.

Mr Kernott brought another property with Jones remaining at the property paying the mortgage.

17 years later a dispute arose as to the original property.

The property had been brought as joint tenants and the parties had failed to change the ownership or agree a new financial arrangement.

The parties excepted that at the time of purchase they held the property equally but it was the case that the property despite the uneven financial contributions since the couple had split, was still held on a 50/50 basis.

It is important to consider how you hold a property when purchased but also to reconsider if your financial position or relationship changes and take advice from a Solicitor.

Whilst the case detailed above was not about Solicitors Negligence the principal and the importance of a solicitor advising as to how a property is held and the difference between joint tenancy and tenants in common is an important one.

To make an online enquiry as to Conveyancing Negligence please fill in the quick form below or call us on 0151 236 3737.

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