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Deed of Rectification

  • 07-03-2015 8:03pm
    #1
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭


    Would someone be willing to enlighten me as to the process undertaken in getting a deed of rectification? Pointers to reading on the subject would be most welcome.

    The hypothetical scenario is in the purchase of a house it's clear the boundaries are wrong and the vendor and purchaser would like this resolved before completion of the purchase. Is six weeks a realistic assessment of how long the process might take?

    Without more information I know it's probably a piece of string question.

    Many Thanks in advance!


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Basically, a deed of rectification is little different from a deed of transfer.

    The general idea is that one party transfers property that is within the map of his property to the person who has the property within his physical boundary on the ground. The end result is that the physical boundaries match the boundaries on the map.

    Assuming a willing transferor, it's a matter of getting maps drawn up by an engineer and getting the transfer documents signed. Usually, the person who gets the benefit tends to pay for not only his own legal expenses but the legal expenses of the transferor as well.

    The biggest delay is usually getting satisfactory maps drawn up by an engineer. Six weeks is a reasonable timeframe. If people were willing to work faster, I reckon that it could be done faster.


  • #3
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Many Thanks!

    Hypothetically could the transferor decide to try and get money out of the situation or would there be a threat of a costly legal battle they would probably lose? Hypothetically there would be evidence to suggest that a transfer of the piece of land took place and there has just been an error in registration.


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    MarkAnthony wrote: »
    Hypothetically could the transferor decide to try and get money out of the situation or would there be a threat of a costly legal battle they would probably lose? Hypothetically there would be evidence to suggest that a transfer of the piece of land took place and there has just been an error in registration.

    Hypothetically, it may be cheaper to pay moneygrubbers a few grand than to enter into litigation but that's just my opinion.

    Most people are reasonable and don't look for money for land that they only own on a map, rather than on the ground.


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