A Cheshire homeowner has been awarded £25,000 in compensation after his conveyancing solicitor failed to identify an old septic tank during the property purchase process.
The Dream Home Purchase
Mark Ledsom, 54, and his wife Lesley, 62, purchased what they believed was their dream cottage in Runcorn, Cheshire, in 2021. The three-bedroom property, dating back to 1737, featured charming period characteristics, a large garden and open-plan living space downstairs.
The couple moved into the historic cottage in 2022 with their 25-year-old son Tom, expecting to enjoy their new rural lifestyle. However, their dream quickly turned into a nightmare when they discovered a significant problem in their back garden that had been overlooked during the legal checks.
The Hidden Problem Emerges
Soon after settling into their new home, Mark uncovered an old septic tank buried in the garden that his conveyancing solicitor had completely missed during the pre-purchase searches and surveys. This oversight would lead to substantial inconvenience and unexpected costs for the family.
The septic tank discovery raised serious concerns about environmental compliance and potential contamination risks, not to mention the financial burden of dealing with an outdated waste management system that required either replacement or proper decommissioning.
Legal Battle and Compensation
Mark pursued legal action against the conveyancing firm, arguing that their failure to identify and report the septic tank constituted professional negligence. After presenting his case, he was successful in securing £25,000 in compensation to cover the costs associated with rectifying the problem.
This case highlights the critical importance of thorough due diligence when purchasing property, particularly with older homes where historical features might not be immediately obvious. Conveyancing solicitors have a professional duty to conduct comprehensive searches and identify potential issues that could affect a property's value or pose environmental hazards.
Broader Property Market Context
The case emerges against a backdrop of various property-related challenges facing British homeowners. Recent data indicates that rents have reached record highs, with tenants now spending an average of 44% of their income on housing costs. Meanwhile, the property market continues to present both opportunities and pitfalls for buyers and sellers alike.
Other homeowners have reported similar issues with undisclosed problems, including rat infestations, boundary disputes and structural concerns that weren't identified during the conveyancing process. These cases underscore the need for buyers to be vigilant and consider additional surveys beyond the basic legal requirements.
Property experts recommend that purchasers of older properties, particularly those in rural areas, commission specific surveys to check for septic tanks, oil tanks and other non-mains services that might not be immediately apparent but could lead to significant future expenses.
