Strange Folio Boundaries

BarraOG

I'm interested in buying a house and I've had a look at the folio boundaries on landdirect.ie. The house is built by the same developer as the house next door. The house next door is on the junction of a main road and a minor road. The house we're interested in is on the minor road only. Both houses have the same large farm out the back. I've included a printout from landdirect highlighting "our" folio.

According to landdirect our folio contains two plans, one of which is a strip of land which runs parallel with both roads and almost entirely surrounds the house next door. What is the story here and what are its implications? I'm presuming someone made a mess of things when the folio boundaries were established. You can also see another type of boundary line on landdirect which are normally in grey but I've highlighted it with yellow in the attachment. This boundary reflects how the fences are on the ground and I've confirmed this using google maps. I've marked the gates into both properties in purple. As you can see, we have some of the land from next door's folio and there paved driveway starts within ours. Our folio number is a lot lower than that of the neighbors. Theirs also includes an F at the end and ours doesn't. Both are described as Freehold on landdirect. I therefore presume that their folio is newer and was therefore cut from ours.

I've confirmed with the solicitors representing the IVAC selling our house that the folio is being sold as is and they are not interested in getting involved with boundary changes. The house next door is also for sale. According to the auctioneer next door, its the bank who is selling it.

Should I be concerned about the boundaries? What should I do? I've discussed the matter briefly with my solicitor on the phone and she says that I should get it sorted out once both properties are sold but that she didn't think it was a big deal from our perspective.

mickdw

BarraOG wrote: »

I'm interested in buying a house and I've had a look at the folio boundaries on landdirect.ie. The house is built by the same developer as the house next door. The house next door is on the junction of a main road and a minor road. The house we're interested in is on the minor road only. Both houses have the same large farm out the back. I've included a printout from landdirect highlighting "our" folio.

According to landdirect our folio contains two plans, one of which is a strip of land which runs parallel with both roads and almost entirely surrounds the house next door. What is the story here and what are its implications? I'm presuming someone made a mess of things when the folio boundaries were established. You can also see another type of boundary line on landdirect which are normally in grey but I've highlighted it with yellow in the attachment. This boundary reflects how the fences are on the ground and I've confirmed this using google maps. I've marked the gates into both properties in purple. As you can see, we have some of the land from next door's folio and there paved driveway starts within ours. Our folio number is a lot lower than that of the neighbors. Theirs also includes an F at the end and ours doesn't. Both are described as Freehold on landdirect. I therefore presume that their folio is newer and was therefore cut from ours.

I've confirmed with the solicitors representing the IVAC selling our house that the folio is being sold as is and they are not interested in getting involved with boundary changes. The house next door is also for sale. According to the auctioneer next door, its the bank who is selling it.

Should I be concerned about the boundaries? What should I do? I've discussed the matter briefly with my solicitor on the phone and she says that I should get it sorted out once both properties are sold but that she didn't think it was a big deal from our perspective.

Basically the plot you are buying is the last of the original lands.
The other plot at the road junction was sold off or at least put onto a seperate folio and whoever mapped it only included the lands inside the fence of that property so everything else was left to your folio. Generally land registry is marked to centre of road but I wouldnt have any concern about any area between centre and edge of road when it's a public road. In this case there is further lands from edge of road to fence which imo are important and should be corrected.
Either way, you are on the right side of this and it is the property owner on the corner that will come looking for your signature if they want to correct it.

If both properties are now being sold, it's an ideal time to correct it imo.
Options for you would be to request that vendor prepare maps with only the required property included - that would include your plot right out to road center line but not parking space outside neighbours wall.
A rectification could then be done on the other property depending on ownership to include the lands outside the wall out to road center line.

In all cases be sure that you have legal access to the property - a public road adjoining front boundary or alternatively a right of way if the road was not in council charge.

I do this type of work and it should not cost the vendor huge money to correct.
Both properties should be surveyed prior to sale and I'm sure this issue will be noted for the corner property.

In short, if I was buying the corner property, I would not go ahead as is.
On your property it will not be a major issue and worst case you would have to sign for rectification but still best have it right.

the_sonandmoon

As it is my line of business, one of the first things that occurred to me here is Occupiers Liability - if this situation were to be ignored/not rectified, and there happened to be an accident on your neighbours property, but within your folio, you could very well be called into a dispute. Similarly if there are any trees or anything within that section that were to cause property damage.