My garage is on my neighbours folio/property

anti christ

Hi.i live in the countryside...my neighbour..is about to sell his house...he got his folio doucuments from land registery...and my garage is on his property/folio no...A iam trying to figur out..how to resolve this issue..B how did this happen...would it be my archtect or my solicitor that screwed up...ive looked at documents and maps my dad tranfered to me when he tranfered the site and the map wasnt a land registery one that my archtect drew the site boundry for my site...where do i turn to??

Serjeant Buzfuz

anti christ wrote: »

Hi.i live in the countryside...my neighbour..is about to sell his house...he got his folio doucuments from land registery...and my garage is on his property/folio no...A iam trying to figur out..how to resolve this issue..B how did this happen...would it be my archtect or my solicitor that screwed up...ive looked at documents and maps my dad tranfered to me when he tranfered the site and the map wasnt a land registery one that my archtect drew the site boundry for my site...where do i turn to??

Land Registry maps all have a proviso that they are not conclusive as to boundaries. Talk to neighbour as it's likely his solicitor will be anxious to sort it out and not hold up sale

GerardKeating

anti christ wrote: »

Hi.i live in the countryside...my neighbour..is about to sell his house...he got his folio doucuments from land registery...and my garage is on his property/folio no...A iam trying to figur out..how to resolve this issue..B how did this happen...would it be my archtect or my solicitor that screwed up...ive looked at documents and maps my dad tranfered to me when he tranfered the site and the map wasnt a land registery one that my archtect drew the site boundry for my site...where do i turn to??

Have you owned the land for more that 12 years?

anti christ

GerardKeating wrote: »

Have you owned the land for more that 12 years?

No..i just own it about 6years

anti christ

Serjeant Buzfuz wrote: »

Land Registry maps all have a proviso that they are not conclusive as to boundaries. Talk to neighbour as it's likely his solicitor will be anxious to sort it out and not hold up sale

Thank you for your reply...so even though..my garage is visable on my neighbours map/folio..
I could still own it...or does he own it

Riven_Sky

If you write into the Land Registry outlining the problem, including the folio number and county and, if possible, a copy of the map you have from when the site was transferred, they can check if there has been an error on their side.

anti christ

Riven_Sky wrote: »

If you write into the Land Registry outlining the problem, including the folio number and county and, if possible, a copy of the map you have from when the site was transferred, they can check if there has been an error on their side.

Ive done that already and ive both copys his and my folios and maps..and yes my garage is on his property/folio...they told me it cant be changed..

4ensic15

anti christ wrote: »

Ive done that already and ive both copys his and my folios and maps..and yes my garage is on his property/folio...they told me it cant be changed..

If you both agree, it can be changed.

Riven_Sky

anti christ wrote: »

Ive done that already and ive both copys his and my folios and maps..and yes my garage is on his property/folio...they told me it cant be changed..

In that case, with agreement between you and your neighbour, you would need to lodge a boundary rectification with the Land Registry. This would include a map with the new boundary and both parties need to sign the request to signify agreement. It's usually done through a solicitor but doesn't have to be. If your neighbour is keen to sell, his solicitor will probably handle it.

anti christ

Riven_Sky wrote: »

In that case, with agreement between you and your neighbour, you would need to lodge a boundary rectification with the Land Registry. This would include a map with the new boundary and both parties need to sign the request to signify agreement. It's usually done through a solicitor but doesn't have to be. If your neighbour is keen to sell, his solicitor will probably handle it.

Thats all great..but hes looking for 30k..for the inconvience...or else hes talking about court...jesus its a mess...

Rackstar

30k haha. It's his problem at the moment. He wants to sell and can't.

stampydmonkey

anti christ wrote: »

Thats all great..but hes looking for 30k..for the inconvience...or else hes talking about court...jesus its a mess...

Doesn't sound great. Is there potential for negotiation bearing in mind the urgency of the sale?

anti christ

I think the problem is more mine...my garage is on his property/land registery...my garage adds value 2 his property...and devalues mine...

4ensic15

anti christ wrote: »

I think the problem is more mine...my garage is on his property/land registery...my garage adds value 2 his property...and devalues mine...

If you are occupying the property he can't sell it because purchasers are going to inquire about it. He will also have to provide a purchaser with a declaration of identity and if he includes your garage he can be sued. He will also have to disclose any boundary disputes. He is an idiot. How long was your predecessor in occupation before you?

anti christ

4ensic15 wrote: »

If you are occupying the property he can't sell it because purchasers are going to inquire about it. He will also have to provide a purchaser with a declaration of identity and if he includes your garage he can be sued. He will also have to disclose any boundary disputes. He is an idiot. How long was your predecessor in occupation before you?

15year

Charles Babbage

Was there a boundary wall or the like before the garage was built? If so, then your predecessor could have acquired adverse possession and so have been able to sell to you.

Check the 1995 aerial photos on the OSI website
http://www.geohive.ie/

4ensic15

anti christ wrote: »

15year

The period of adverse possession is longer than 12 years. The neighbour won't be able to sell without fixing it up.

BoatMad

I suggest OP that given the nature and timing of this issue , you engage a good solicitor. This is not the place for this , remember the value of Internet advice given freely !!!

shenanagans

I've experienced a similar situation. In your position I would offer to cover all legal/engineer fees to sort it out. You neighbour can't sell without sorting it out. No seller will touch this property with such complications, a solicitor would tell any potential buyer to wait until its sorted out.

At the end of the day neither you or the neighbours could sell without sorting it. Offer to cover costs to get it sorted asap. If neighbour not happy, then tell them it could take years to sort. If they need to sell they should agree.

BoatMad

shenanagans wrote: »

I've experienced a similar situation. In your position I would offer to cover all legal/engineer fees to sort it out. You neighbour can't sell without sorting it out. No seller will touch this property with such complications, a solicitor would tell any potential buyer to wait until its sorted out.

At the end of the day neither you or the neighbours could sell without sorting it. Offer to cover costs to get it sorted asap. If neighbour not happy, then tell them it could take years to sort. If they need to sell they should agree.

Again , OP , I suggest you take no advice from this thread and engage a good law firm instead and be guided by their council. At all times appear reasonable to your neighbour but commit to nothing without advice

notharrypotter

Your dad transferred a site to you approximately 6/7 years ago?

You subsequently built a house and a garage on the plot?

It now transpired that your dad may have made an error.

Curious as to what the legal status would be should the neighbours decide to apply for planning permission to demolish a garage on their property?

mickdw

notharrypotter wrote: »

Your dad transferred a site to you approximately 6/7 years ago?

You subsequently built a house and a garage on the plot?

It now transpired that your dad may have made an error.
Looking for 30k - he is a scumbag.
Curious as to what the legal status would be should the neighbours decide to apply for planning permission to demolish a garage on their property?

The country is full of these issues. Tell him you are happy to sign for rectification where the boundary will be altered to include your shed and access to it.

anti christ

mickdw wrote: »

The country is full of these issues. Tell him you are happy to sign for rectification where the boundary will be altered to include your shed and access to it.

He wants the 30 k aswell...thats the thing..i dont have it

4ensic15

anti christ wrote: »

He wants the 30 k aswell...thats the thing..i dont have it

If you handle this properly your neighbour may end up paying you to solve the problem.

LionelNashe

anti christ wrote: »

He wants the 30 k aswell...thats the thing..i dont have it

So he effectively wants you to buy that bit of land from him?

BoatMad

notharrypotter wrote: »

Your dad transferred a site to you approximately 6/7 years ago?

You subsequently built a house and a garage on the plot?

It now transpired that your dad may have made an error.

Curious as to what the legal status would be should the neighbours decide to apply for planning permission to demolish a garage on their property?

The OP in reality has a boundary dispute and certainly should not be suggesting here or anywhere that the neighbours interpretation of the boundary is correct. That undermines any future legal action

In a dispute , both sides are right until proven wrong. The OP can assert that to his knowledge the land and garage is his , yet acknowledge the dispute. The folio is not a legal statement of boundaries and I expect the OP didn't realise that.

The practical solution , especially as the neighbour will have presumably agreed a sale where his buyer will have assumed he is not getting your garage , is a deed of rectification , if you neighbour is minded to complete the sale that's the best resolution.

As someone said , this problem occurs all over Ireland

Get advice before saying or doing anything

Turtle_

Time to lawyer up... And don't use whoever you used for the transfer from your dad to you!

Water John

Can you offer an equal amount of ground along with the costs of correction. As Boat Mad said, only do this through a solr.
If he wants to sell, its he has the problem. Asking for 30K, don't be fazed by that.
You have all the time in the world to sort it out.

mickdw

anti christ wrote: »

He wants the 30 k aswell...thats the thing..i dont have it

Just laugh when he mentions the 30k.
Tell him you will sign for the rectification. If he is not happy with that, tell him that you are happy enough the way things are so.

anti christ

Turtle_ wrote: »

Time to lawyer up... And don't use whoever you used for the transfer from your dad to you!

Why do you say this...did he screw up in the first place??

Turtle_

anti christ wrote: »

Why do you say this...did he screw up in the first place??

I don't know whether he screwed up, you'd have to ask a solicitor... However, I find it remarkable that he didn't notice that the land registry folios didn't match the drawings from the architect. However, I know nothing about the specifics and whether it would have been easily spotted etc...

But all I'm saying is that he now has skin in this game and if I was you, I'd want someone totally external.

Thujrog

Something similar happened to me when buying a house. Folio showed the border of the land going right through the driveway and garage. Seller had to sort it out before sale could go through. It was easily rectified with agreement from the neighbour.

In this case it was very obvious that the folio was wrong as the site was 70 years old and there was an old ditch running along the border. Neighbour being decent about it also helped things progress quickly. Two years later he wanted to plant forestry within a certain distance of the house and needed our consent since it was within a set limit. I was happy to sign without hesitation, but if he had been the sort to try and exploit the boundary issue to get a few quid ........

Definitely get a solicitor involved ASAP. But dont panic. Your neighbour needs to sort this out quickly, you don't.

nuac

/Mod/

As Boatmed advised upthread you should see your solicitor about this.

these situatioos are common, but legal advise cannot be given here

Clsoing thread