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Paying neighbour's solicitor fees

  • 31-10-2015 3:18pm
    #1
    Registered Users, Registered Users 2 Posts: 23


    I was recently involved in a party structure dispute with neighbours. The wall of their extension was eventually clarified as a party structure. They hired an engineer to resolve the matter and when told by him that we were entitled to proceed with our works, they accepted this. However, they asked us to hold off on proceeding with works until the engineer's report had been read over by their solicitor and that we should expect a letter regarding this in the coming days.

    The letter arrived from the solicitor and it made some unentitled demands of us (e.g. that confirmation of completion of our works and our archtitect's opinion on compliance be sent to them...) Anyway, I come to the crux of my query.... there were also 2 invoices enclosed. One for the engineer, whom we had agreed to pay for from the outset, as per LACRA 2009 and the second for their solicitor!

    Now, we have paid the engineer and have received a further letter from the solicitor with his invoice enclosed once again. The neighbour's name and address is on the actual invoice but the cover letter, demanding the fees is addressed to me and my husband.

    I am pretty sure we are under no obligation to pay this as we did not hire the solicitor, were never told we would be expected to pay for him and we also do not feel that solicitor fees fall under the legislation which states that we as the "building owners" of the "party structure" are obliged to cover the neighbour's "reasonable costs of receiving professional advice with regards to the likely consequence of the works"...to the best of my knowledge, LACRA was introduced largely in order to do away with the need for solicitors to become involved in party structure disputes and to allow matters to be resolved among engineers and architects?

    So where do we stand - should we ignore the invoice? Should we "return to sender"?
    Appreciate any help!


Comments

  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Are you refering to the LCLRA 2009? It would be wise to consult your own solicitor.


  • Registered Users, Registered Users 2 Posts: 23 Graffiti


    Are you refering to the LCLRA 2009? It would be wise to consult your own solicitor.

    Thanks Mark, yes LACRA 2009.
    We have no wish to draw our solicitor into this and to reopen what should be a resolved dispute. Wall was clarified as party structure by professional employed by neighbour and paid for by us. The fact that they chose to involve/consult with a solicitor should be nothing got to do with us as far as I can see.

    What I'm wondering is how to proceed - return invoice to solicitor, with note attached saying "received in error" or just ignore it?


  • Registered Users, Registered Users 2 Posts: 23 Graffiti


    P.S. our building work is complete


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    L C LRA http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/html

    You're looking for legal advice which is prohibited by the charter. You need to ensure you're not liable and randomers on the interwebz is not the place to do that.

    You may end up with enforcement proceeding and Costs if you are liable.

    Sure if you want to send it back and want random suggestions paint a picture on it and tell them you're not liable.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Mod:

    Looking for legal advice. Thread closed.

    OP, see the legislation and consult a solicitor as previously outlined.


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