Property registered incorrectly - who pays the fees to register correctly?

Hi

Myself & my husband are selling a house - the mortgage on it was discharged over 11 years ago.

According to PTSB there is 2 charges registered against the property & we thought that there was none - upon some investigation by the very helpful staff in the legal department of PTSB it turns out that our solicitor incorrectly registered a different house/mortgage of ours against the folio number for the unencumbered property back in 2004.

And repeated the same mistake in 2009 when we remortgaged.

It appears that the mistake itself is relatively easy to rectify but the solicitor wants us to pay the land registry fees in order to do this - I feel that the solicitor should pay the fee as it was their mistake; we already paid land registry fees back in 2004 & 2009 for what we assumed was the correct registration.

So my question is do we have to pay this registration fee now or should the solicitor pay?

Thanks

If you solicitor made the mistake he should pay. It's his job to do it correctly and he's been paid to do this.

This is a right pain in the neck now that you are selling. I do hope it's a simple fast procedure to put this right.

How much is the fee ? Is it worth stalling the sale for ? Have you told the solicitor you concern ?

Thank you for your replies.

I am not 100% sure the exact amount of the land registry fee - I assume it is between €200-400. And you are correct elcato, it is most definitely not worth stalling the sale over.
Then again I assumed that it was taken as obvious that the solicitor would be paying the fee seeing as how it was their mistake & we already paid for it.

That's why I wanted to make sure that I am not missing anything that states we should pay regardless of who makes the mistake.

Thanks very much for your replies - i will be onto the solicitor next to state that we will not be paying & take it form there.

Thanks.

I wouldn't go all guns blazing into the solicitor in case he can do it quicker than someone not familiar with the cases. I would suggest that it was his mistake in the first place and perhaps he could come to an arrangement regarding the fees.