Statute of Limitations - When does clock start ticking?

A

Andrew Murphy

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A bit of context...

I purchased a property 3 years ago and paid an advance towards the conveyancing fees based on the solicitor's verbal estimate prior to exchange. Following an engineer's survey further legal work was required to rectify boundaries and formalise rights of way between 3 parties. I was quoted separately for this work but withheld funds pending a reconcilliation/final bill. The solicitor's work in this regard has long been completed as a search of my property on https://www.landdirect.ie/pramap/ indicates the mapping changes on my folios have been lodged and are pending. As far as I understand there are no further issues outstanding.

Over the past 3 years I have pressed the solicitors for an update and final bill and all I get are nods and yes's to everything I ask, and then nothing thereafter. I have since given up chasing them.

I may be mistaken but my understanding is the statute of limitations for what I still owe is 6 years, so the question is when did the clock start ticking on the 6 year period?
 
I expect when the pending dealings are completed? And the solicitor issues their final invoice?

It is bad that you've been given no indication as to what the fees will be.

mf
 
They can only charge you on a time charge basis or if they have quoted you a fee. If you have a problem with the fee when it is eventually issued you can ask for a detailed invoice giving you details of exactly who spent what amount of time working on your file over the last few years. Most solicitors do not like being asked for a detailed bill but do have to issue it when requested. Just be aware that whatever the fee is there will be VAT at 23% plus any outlays incurred by the solicitor which will have to be paid also i.e. Land Registry fees, searches etc.
 
T McGibney said:
Not really true. Other bases such as value pricing or percentage fees are also admissible.
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But he has already paid most of the conveyancing fees going on his op - this is to do with boundaries and planning issues so how can they charge a percentage fee for this??
 
Andrew Murphy said:
A bit of context...

I purchased a property 3 years ago and paid an advance towards the conveyancing fees based on the solicitor's verbal estimate prior to exchange. ?
Click to expand...

He has already received a quote and paid part of the conveyancing fees - this is just about the issue with regard to boundaries and planning.
 
staff said:
He has already received a quote and paid part of the conveyancing fees - this is just about the issue with regard to boundaries and planning.
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Indeed, part of, not most of.

My comments were made generally, as I read yours similarly. I have no idea what terms were agreed in this case.
 
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