Your property questions answered
How much to pay?
Q I’m thinking of selling my house. It was built nine years ago. My question is: what’s a fair price to pay a solicitor for the conveyancing considering the title is not old so it is relatively straight forward?
AYears ago conveyancing usually cost one per cent of the purchase price – a bizarre (and very lucrative) fee structure given the then ever-rising price of property. Nowadays as there is so little activity in the market, solicitors have been competing for whatever business there is by offering flat fees. It is usual to see flat fees of less (sometimes much less) than €1,000 plus VAT and outlay (the cost of legal searches etc). If your conveyancing is as simple as you suggest – though it can be difficult to predict – then it's hard to see how it would cost more than this. Conveyancing is like any other service – shop around. And ask for the quote in writing before you decide who to go with.
Must we pay for this?
Q I live in a terrace dating from the 1860s. Long ago, a sewage line was laid along the back of the houses to facilitate flush toilets. For the past few years a neighbour has experienced problems with sewage backing up and her toilets overflowing. A camera investigation discovered a partial collapse in the sewage pipe downstream from her house. She contacted Dublin city council, who said that piping laid under private houses is not their responsibility, and owners of buildings serviced by it share collective responsibility for maintaining it.
The cost of repairing the problem is estimated at €10,000. There are 20 houses on the street, and while €500 each is not the end of the world, it is a significant sum for many of the residents. Some of the houses are rented or unoccupied so there is no way to collect money from these. Some others refuse to contribute on the grounds that they are not affected by the problem. I suspect the collapse was caused by an extension built without proper groundworks or planning permission. What is the legal position? Must all owners share the cost? Can owners be obliged to cough up? Can any action be taken against someone who has damaged the line?
AThis is a complex matter and you really need to get your own legal advice. However, to get a general view we asked Tom McGrath of Dublin firm McGrath ODonnell Associates. He says the first thing you should do is get an engineer to carry out an inspection to ascertain the cause of the problem. Obviously it would be a matter for the owners of the properties to reach an agreement as to who would pay for such a report. In addition, a solicitor would also need to review the Title of the properties, ie to see how the property is held, and what rights of way and easements are attached, as this would also have a bearing. McGrath also mentions considering a claim being made on any insurance cover that may be available. It might very well be the case that all owners and occupiers would have to contribute to the cost of repairs. but there may also lie a cause of action against a third party for damages. It sounds like this will be a long haul in terms of getting your neighbours on board – with professional fees to be paid before any remedial work can start – but it's in everybody's interests to get it sorted.
Your questions
Send your queries to Property questions, The Irish Times, 24-28 Tara Street, Dublin 2 or email propertyquestions@irishtimes.com. This column is a readers’ service and is not intended to replace professional advice.
