Solicitor preventing our house sale

Lenar3556

https://www.boards.ie/discussion/comment/122078025#Comment_122078025

I can understand the annoyance on the part of the vendor that this solicitor is seen to be ruling the roost. - but where specifically is the conflict of interest?
The vendor isn’t a client. His clients are the prospective purchaser and the also the neighbour. I don’t see an obvious conflict of interest in representing both.

Marcusm

https://www.boards.ie/discussion/comment/122078986#Comment_122078986

he is in possession of confidential information from one client which he is using to benefit the position of another client. Unless the two clients have expressly waived the conflict, he has either broken client confidentiality in one side (and possible data protection) or he fails to provide best advice to the other client.

kraken208

https://www.boards.ie/discussion/comment/122077476#Comment_122077476

Claiming the alleyway is on their deed by way of an old map attached to a conveyance that would be 2 owners previous to the current owner.

The map has very poor resolution and IMO does not show it as included. It's not a large alley and at the maps scale the width of a pen/marker would make a difference.

They purposely left out any follow on conveyances as i'm guessing it didn't suit them to supply them to us.

The alleyway is clearly shown on our predecessors in title indenture that was submitted to land registry around the mid to late 90's

(however they digitized it incorrectly and im told its not easy to get them to admit or correct this?)

I might look in to the injunction for trespass but not sure it would benefit us?

kraken208

https://www.boards.ie/discussion/comment/122077712#Comment_122077712

Would love to know this also but I was told that sometimes even when you do win, getting your money is a different story.

It could be a few quid a month or something like that… not sure if there is truth to that but it sounds like it would be even more unjust

kraken208

https://www.boards.ie/discussion/comment/122077844#Comment_122077844

Correct, it was done via our estate agent and not officially requested via written means

not sure if i mentioned this previously but the solicitor in question actually sold this property including the alley way previously (not to us but predecessors) and now appears to actively be preventing the sale of the exact same property!

It could be that he is trying to right a wrong of his (ie. he acted for the neighbouring property at a later date also and possibly he told them it was included) and is trying to get us to pay for his mistake?

ittakestwo

https://www.boards.ie/discussion/comment/122082606#Comment_122082606

Guessing that the conveyence of two previous owners was the first time the property was ever sold or demised as that property? The very first conveyance of the property would be important. Since you now know the date of that conveyance do you have the original conveyance deed map of your property? If your map predates thiers and shows alleyway I dont see how they could rebutt it. Although your property has now been registered your solicitor should have kept the original deeds.

Btw if you do want to give up on the alleyway to make a sale easier you can look into getting a "deed rectification" by the land registry. This is where both parties agree that there is a mistake in the boundary and both agree to a new boundary. However i have only herd this being done when both properties are registered. In your case neighbour is not registered. Also you believe your neighbours motive is just to extract a ransome payment so you can't sell your property so they might not agree to a deed rectification that would end the dispute. However by offering this and them refusing would clearly highlight to anyone that their objective is just to delay your sale so they can extract a ransome payment should it go to court.