Ian McLachlan’s view (see [2009] Gazette, 19 February, 11) is worrying from a professional indemnity and risk management point of view. The problem with the ‘one-size-fits all’ approach that he seems to favour is that problems with title, boundaries, planning, charges and defects frequently get missed, resulting in claims. Hence the increasing insurance premiums having to be paid by conveyancing solicitors.
The public may well want to have homes transferred as quickly and cheaply as possible, but they are also quick to blame the conveyancer when a problem arises that should have been spotted.
There is an obsession with price, rather than quality. The same applies to other areas, such as probate where a standard form will can be obtained over the internet, which is not necessarily appropriate for all. Land ownership is not simply a matter of changing names on the Land Register.
It is also unfair to blame solicitors for the ‘disorganised mess’ to which he alludes. The Law Society has worked hard to speed up the conveyancing process. The recent introduction of home information packs and energy performance certificates by the government has added a further unnecessary layer of bureaucracy to the process and giving the impression to buyers that the conveyancing process is a simple one.
Having recently bought a house myself, I have found the HIP to be pointless. I would have preferred to have known about practical matters such as the date the dustmen call and whether the satellite dish worked.
Peter Causton, Hill Dickinson, Liverpool
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