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JGM, Solicitor
Category: Law
Satisfied Customers: 9980
Experience:  30 years as a practising solicitor.
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Hi I put my house up for sale and sold it at Auction. At the

Customer Question

Hi I put my house up for sale and sold it at Auction. At the Auction the purchaser discovered that the land registry map was incorrect and that my next door neighbour owned half of my sitting room and upstairs bedroom. The agreement was that this was to be rectified before the closure of sale 8 weeks later but it was not sorted and now I am left with a house I cannot sell. When I purchased the property 7 years ago my solicitor never spotted that the problem was there. He has told me that its not his fault and that I should have checked the map when I bought it. But I don't know anything about maps and I paid him at the time to check all of these things for me. Of course my neighbour is prepared to sign but wants compensation and I Just don't have the money. I also paid stamp duty on a house that legally I only owned a part of. I would really appreciate some advice as I am really stressed out over the whole thing.
Thank you for your time and I hope this is confidential.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I have difficulty in accepting that the solicitor who bought this house on your behalf is not at fault here. As you rightly say you paid him to buy the hoise for you and he should have checked that what you were buying was correct.
You will have to instruct another solicitor to remedy this for you and at the same time intimate a claim for negligence against the previous solicitor who will be liable for the costs in putting you into the position that you ought to have been in had he done the job correctly for you.
Your claim will be for your new solicitors costs, the compensation reasonably sought by the neighbour, such as legal costs and any loss on resale of the property of you readvertisement and can't get the same price you got at auction recently.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.


Thank you for your reply and positive attitude.

I am not sure if I made it fully clear in my initial question but, I live in Irish Republic and not UK and not sure if Law is different.........I imagine negligence is negligence and Irish and UK law v. simular.

Anyway the solicitor involved in the sale of property at auction recently is the same guy as 7 years ago and never picked up the map being wrong with Land Registry.

We have approached the Law Society in Dublin with our complaint and recommended several solicitors who would take on another solicitor....but both have said they personally know our solicitor so were not prepaired to act against him.

Do you know anyone who can help and professionally advise us over this matter?

Thank you for your time and consideration over this matter

Laurence Cockle

Expert:  JGM replied 2 years ago.
Thanks for your response.
You're right in that negligence on the part of a solicitor is the same under Irish law as it is under English or Scots law.
The test is that no solicitor of ordinary competence would have done what that solicitor did.
As far as representation is concerned experts on JustAnswer aren't alloed to make specific recommendations. I suggest, however, that a solicitor outwith the area or who doesn't know this solicitor should be instructed.
JGM, Solicitor
Category: Law
Satisfied Customers: 9980
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for all your help. This is a fantastic service and I thank you for all your help. Its so appreciated.

Expert:  JGM replied 2 years ago.
You're welcome.

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