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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I am in an ownership disputes with my sister over a

Customer Question

Hello, I am in an ownership disputes with my sister over a small flat in London. I need to obtain all the files related to the purchase from the solicitor that we used, but he won't send them to me. He is very uncooperative and says he can’t just send me the original file without my sister's consent as it is a joint property. He has offered for me to go to his office and inspect the files there. My questions are:
1) Is he right not to send me the files or copies?
2) If I do go to his office do I have the right to ask for the copies then?
3) What do I do if he refused to give me copies?
Thanks in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Firstly, the solicitor is correct in asserting that the file he has is a joint file, which is the joint property of you and your sister. Accordingly, he cannot give the file to you, to the exclusion of your sister, particularly where there is a row between you both about the property. Secondly, if the solicitor gives you copies, it destroys his lien on the file. So, if you haven't paid him, he no longer has any means of enforcing payment. Accordingly, if you want copies, you had better pay the solicitor the amount outstanding in relation to his fees. However, if you have paid the solicitor his fees, you are able to get copies of all the documents in the file as you are one of the two owners of the file. Once you have paid his fees, then he can no longer deny you copies of the documents in the file.
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Customer: replied 1 year ago.

Thank you for your reply. That was very useful.

Customer: replied 1 year ago.

Thank you.

Expert:  Buachaill replied 1 year ago.
You are welcome.