Advice on the practical side of boundary correction

MarkAnthony

While I don't pretend to know the law on this to any degree beyond handing in some coursework largely completed in the pub I'm wondering if someone could give me a bit of a steer on what's required to amend a boundary between hypothetical parties A and B. (And C)

The purely hypothetical scenario which bearing any resemble to people past present or future is purely coincidental.

1. Party A and Party B own houses built on the sites at the end of a row of houses at right angle to each other. These houses were added as the new end of terraces to the old end of terraces. Those two statements are the same it's to clarify.

2. Party A and Party B swapped land between them to make this work. Party B was to ensure all the legal side of things were taken care of as they were getting a bit more land.

3. Party B took care of everything their side but Party B's solicitor didn't properly register Party A's boundary. Party B was unaware of this as it didn't directly impact the construction of their property and the boundary 'on the ground' was correct as Parties A and B had agreed.

4. Party B's solicitor has retired and the paperwork as disappeared into the ether.

5. Party C has bought the house from Party A where all this has come to light taking possessory title only of the small piece of land affected. Party C and Party B are on good terms and both agree that the boundary is where the boundary is in reality rather than on paper.

6. Party C has an affidavit stating that the ground has had that configuration for a period of approx 11 years. The 12th anniversary has just passed as party C is asserting (if required) adverse possession of the ground. This is likely moot given there is no dispute and indeed the land was meant to be transferred probably disqualifying an AP claim.

What practical steps must Party C take in order to get the small piece of land registered to their folio and the boundary corrected.

(33 Marks) :pac: (Kidding)

Does a mapper come out and prepare a report and then a solicitor write to the land registry who in turn write to parties concerned or how does it work please? I'm more looking at the practical elements rather than the legal and also any costs that one might know off the top of their heads.

For the sake of argument this is in Dublin.

MarkAnthony

TL;DR

What are the practical steps in boundary corrections through the land registry.

Pat Mustard

Without going into too much detail, the story describes an exchange of lands where it appears that A's lands were not registered. A sold on to C subsequently, but C appears to only hold evidence of possessory title now.

C now wants to register his interest in the lands.

C should get a good solicitor to look into this, to take up all relevant copy papers from A's solicitor. Whether or not B's solicitor has retired, it should be investigated as to whether B can take up the relevant file from B's solicitor's office, with a view to passing on the relevant documentation to C.

C should also enlist B's assistance in taking up the relevant copy instrument from the land registry by which B's title was registered. Perhaps the documents associated with this instrument could assist.

If all of this fails, an application to register a possessory interest could be considered as a last resort. (See form 6).

The above is on the assumption of land registry titles.

4ensic15

If B & C co-operate, B can just transfer the portion of ground to C for €1 and C can the register as full o There is no need to go down the possessory route. wner.