# Neighbour wants me to pay his legal fees



## iloveashtrees (24 Mar 2016)

4 years ago I bought a typical 3 room cottage on 2 acres in the west of Ireland.


My 2 acres was surrounded by the neighbour farmer’s land, and I had a right of way through his farmyard (cattle shed only) to access my house. I suggested to him we swap some land (400m2) for me to make a new pass beside his farmyard and extinguish the right of way. This was agreed and I undertook the work at my own expense. This benefitted him considerably at no expense to him in that he ended up with a larger yard, no right of way, new fences, etc.


There were other minor inconsistencies between what was shown on the folio map and the locations of existing fences on site. I suggested we had the folio map revised at the same time so the existing fences become the boundaries shown on the map to eliminate any potential future disputes, as well as showing the new pass.


This was all agreed verbally 3 years ago, on the basis that the surveyor would then resurvey and adjust the folio map, which was carried out. The documents, and revised map, all agreed between us, were submitted to the solicitors 3 years ago, since which there has been no progress. I thought it was just a formality.


Following it up recently, my solicitor informs me the farmer neighbour wants me to pay his legal fees. This is out of the blue and not part of what we agreed. I, being a relative newcomer into the area, had acted as far as I could to be a good and considerate neighbour, eg, by not expecting a contribution towards fencing costs, letting him cut my field for silage, etc.


This requirement to pay his legal fees is a real kick in the teeth after all my efforts, and that the work I have carried out benefits him at no expense to him. Any goodwill on my side is totally extinguished and I am feeling completely antagonistic towards him now.


Regretfully I feel I should just pony up the cash, rather than risk diminishing the improved value of my property with a folio free from the risk of future boundary disputes.


Is there anything I can do?


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## mf1 (24 Mar 2016)

This is a very familiar story. 

Best advice? 

This

" I feel I should just pony up the cash, rather than risk diminishing the improved value of my property with a folio free from the risk of future boundary disputes. "

The alternative is to say no and the matter will remain unresolved. 

mf


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## iloveashtrees (24 Mar 2016)

That's what I was thinking but it seems to me the value of the house would be diminished by more than the 600 odd quid it will probably cost


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## Cervelo (24 Mar 2016)

iloveashtrees said:


> Is there anything I can do?



Did you try talking to your neighbour about why he thinks you should pay for everthing


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## iloveashtrees (24 Mar 2016)

I want to be clear where I stand before I talk to him. My solicitor is finding out the neighbour's legal cost and I will then ask him my options. Neighbourly goodwill goes both ways and him alienating me would also be to his disadvantage, not that I want to be plagued with ongoing disputes...


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## KOW (24 Mar 2016)

iloveashtrees said:


> 4 years ago I bought a typical 3 room cottage on 2 acres in the west of Ireland.
> 
> 
> My 2 acres was surrounded by the neighbour farmer’s land, and I had a right of way through his farmyard (cattle shed only) to access my house. I suggested to him we swap some land (400m2) for me to make a new pass beside his farmyard and extinguish the right of way. This was agreed and I undertook the work at my own expense. This benefitted him considerably at no expense to him in that he ended up with a larger yard, no right of way, new fences, etc.
> ...





Pony up the cash. In a similar position. Have bent over backwards to work with local farmer. Just to have it thrown in my face. This type think they own the world. Pay up forget about him and get on with your life. Good luck.


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## iloveashtrees (24 Mar 2016)

Thanks DCD, that was the conclusion I was reaching now the red mist is beginning to fade. But before surrendering I have to put my rational head on and try to talk him round. Even if only so I have the satisfaction of the moral high ground...


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## Cervelo (24 Mar 2016)

Do you still have the right of way through his property, if so it might be a bargaining tool??


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## iloveashtrees (24 Mar 2016)

Yes Cervelo I was thinking he wouldn't want that right of way to remain, one of my rational arguments, aside from the moral issue. It was also proposed to grant him a short right of way to cross my pass to access his fields on that side, which I could now deny him. So I have some arguments in my favour.


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## Vanilla (24 Mar 2016)

Well would you not just go to him and suggest that, as you are both benefiting, that you would share the costs.


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## cremeegg (24 Mar 2016)

In fairness to your neighbour, you wanted the change, not him. He agreed to go along with your wishes. You say the change benefits him, and I am sure it does, but it was your idea and your request. I dont think he is being very unreasonable in expecting you to pay his costs.


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## mathepac (24 Mar 2016)

Ah the cunning neighbour getting something for nothing. Unless it was crystal clear at the outset that the legal costs would be shared, then I'm afraid at this stage they won't be.


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## JohnJay (24 Mar 2016)

The next time he wants to cut your field in silage you should suggest that €600 would be a fair price....


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## Leper (25 Mar 2016)

This neighbour of yours reminds me of the guy we bought a holiday home from some years ago (covered under a separate thread on AAM).  You are probably dealing with a serial rogue. To be honest, I don't know if he is right or wrong or if you are right or wrong.  But €600 might be worth the price of everlasting neighbourly peace and perhaps a new "rogue" friendship.


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## Leo (25 Mar 2016)

Look at this from the farmer's perspective. He didn't approach you about a swap, so there's nothing to suggest he wasn't happy with the right of way arrangement. You approached him with an offer to arrange the deal, to me as a neutral, you seem to be getting a much better deal as a proper entrance rather than a right of way through someone else's property makes your site more valuable/ saleable, but does little to his. 

What did you put in writing at the time about legal fees on both sides? If you didn't cover this in the agreement at the time, you're best suck it up. If you choose to play hard ball, you could end up in a long running feud that will take from your enjoyment of your property. 

There have been threads here over the years covering similar arrangements, and it's usually the proposer of the deal pays the fees.


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## Gerard123 (25 Mar 2016)

Who paid the surveyors cost for doing the survey, maps, etc?


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## AlEl16 (25 Mar 2016)

Hi I am in the process of getting a site signed over from father in law to us, the site is accessed by a lane previously shared by father in law and 2 neighbours, so to get new folio maps, registrations, legal letters from neighbours and father in law etc all individual solicitors - we have to pay for. We were told its the done thing as we are asking neighbours and father in law to get all these legal documents drawn up so they should not be at the expense, which I have to say I agree with ( as we are a getting a free site) but will prob cry at the price!!lol! But I do sympatise with your situation though as you have already given the neighbour advantages in the fencing silage etc! But Id agree with others you are better paying it for a quite life.


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## iloveashtrees (25 Mar 2016)

Thank you all for your replies - this is why I asked. Certainly helped me make my mind up, which is to negotiate first, and try to guilt him into paying his own fees (unlikely I know). 

Yes I paid the surveyor's costs, and yes, I initiated reorganising the access and correcting the deeds. As the work went on the neighbour was so delighted the way things were turning out, he employed my digger driver for a few weeks more for his own improvements. He has also waited 3 years before raising this issue, when all the work is completed, and delayed settling the matter by years. I don't think either of us thought of this at the time however, and my solicitor did not highlight it. 

I will try to not let this issue spoil my enjoyment of my lovely home but I have lost all goodwill towards him and he has earned my everlasting antipathy, not that he could care. Sad that good neighbourly relations are worth so little.


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## Gerard123 (25 Mar 2016)

Is your only antipathy towards him only in connection with the legal fees?  

While I appreciate your views I really do think you need to stand back and ask whose responsibility are the legal fees? If they had been raised three years ago I think you would have accepted paying them. Is it the fact that they were overlooked at the time and took 3 years to be raised that is annoying? 

If it is the only matter them no reason to let it sour your relations?


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## T McGibney (25 Mar 2016)

There is no obligation on you to pay his legal fees. I would have expected in a mutually-agreed land swap, for each party to pay their own fees.

Just because he has asked for them doesn't mean that you either have to accede to his request (but if you decline to pay, at least give him the courtesy of an explanation) or allow it to sour your relationship with him for the future. I fear that the latter would be a grave mistake on your part.


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## iloveashtrees (26 Mar 2016)

Thank you all once again for your sound advice. Now I can think rationally again I will try to negotiate and pony up the cash if I fail. Experience teaches me acting in haste or anger is the worst thing I can do. I'll let you know the outcome, but it may take a while...


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## iloveashtrees (28 May 2016)

Thank you all again for your advice, it was very helpful. 

When I had calmed down I asked my neighbour what was going on, and he genuinely didn't know. It seems his solicitor suggested this (as it is not an unusual arrangement) and he probably didn't hear as he is a little deaf. After considering the issue for a few days he called by and said he would pay his own fees, to my huge relief. 

Which only goes to prove a little faith and goodwill goes a long way. I am so happy we did not end up in dispute with each other. 

Thanks again!


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## Cervelo (28 May 2016)

Great to hear it all work out in the end and thanks for letting us know the outcome


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