However, AFR Advocates has denied the claims by Richard and Christine Lovering, saying the former owner had acquired ‘good title’ to the property and the driveway in 1968.
The civil matter is being dealt with in the Royal Court and judgment has yet to be given.
The Loverings claim that Peter Atkinson, Mark Ferbrache and Paul Richardson, in partnership as Atkinson Ferbrache Richardson Advocates and Notaries Public, breached their duty to exercise reasonable skill and care when dealing with the purchase of La Roche Douvre, Rue de la Folie, Torteval, in 2008.
It was the firm’s duty, they claim, to investigate title property and make all necessary searches.
They claim that caused them to suffer loss and damage totalling £115,143.95.
In its defences, AFR denied the defect existed. As well as the 1968 ‘good title’, the former owner acquired ‘acquisitive title’ by prescription in around September 1988.
‘The driveway had been in the ownership and uninterrupted possession of the plaintiffs’ predecessor in title for in excess of 41 years.’
Full story in Saturday's Guernsey Press