Boundary Issue

Samuel T. Cogley

I'm quite familiar with Adverse Possession, not so familiar that a fairly glaring issue didn't completely escape me though, so a AP application is not an option. Does anyone know how I can rectify my boundary with a neighbour? Him selling me the land is not an option either, I need to convince the Land registry that the boundary has always been where it is.

Any thoughts welcome. It's a bit of a complicated mess involving local authority ground rents.

davindub

Samuel T. Cogley wrote: »

I'm quite familiar with Adverse Possession, not so familiar that a fairly glaring issue didn't completely escape me though, so a AP application is not an option. Does anyone know how I can rectify my boundary with a neighbour? Him selling me the land is not an option either, I need to convince the Land registry that the boundary has always been where it is.

Any thoughts welcome. It's a bit of a complicated mess involving local authority ground rents.

Has it always been there though?

You can see if it is also listed in the registry of deeds, it may describe in enough detail to establish the registry boundary is incorrect, there have been mistakes made on the registry before so it may be worth exploring that avenue. Compensation can be awarded where errors can not be rectified. Google the PRAI's website.

the_syco

What's it like on the OSI?

surrender monkey

Can you go back to the local authority that sold the ground rent to you in the first place. Which one is it?

Samuel T. Cogley

surrender monkey wrote: »

Can you go back to the local authority that sold the ground rent to you in the first place. Which one is it?

The issue is that the neighbour concerned still has their ground rent and is having awful problems sorting their folio - it shows them owning half the roads of the estate - they've given up. Which means a AP claim for me would be 30 years not 12 :eek: This is Dublin City Council.

Samuel T. Cogley

the_syco wrote: »

What's it like on the OSI?

He's missing on the OSI and I have the 'cut in' on one corner I shouldn't have.

Samuel T. Cogley

davindub wrote: »

Has it always been there though?

You can see if it is also listed in the registry of deeds, it may describe in enough detail to establish the registry boundary is incorrect, there have been mistakes made on the registry before so it may be worth exploring that avenue. Compensation can be awarded where errors can not be rectified. Google the PRAI's website.

You're right to be honest. There has been a lot of back and forth with land as two houses were build on their respective end of terraces at 90 degrees to each other.

surrender monkey

Samuel T. Cogley wrote: »

The issue is that the neighbour concerned still has their ground rent and is having awful problems sorting their folio - it shows them owning half the roads of the estate - they've given up. Which means a AP claim for me would be 30 years not 12 :eek: This is Dublin City Council.

It sounds like your neighbour still has a leasehold. The folio showing all the lands in the estate is the councils freehold folio and your neighbours leasehold is registered as a burden against the councils folio.

Without seeing the folio's it's impossible to tell. Contact the Council and they may agree to rectify the boundary with you. Adverse possession takes years and is rarely successful, much more likely to rectify the issue working with the local authority

Samuel T. Cogley

Thanks Surrender Monkey - I've an appointment with them to buy my own GR so I'll ask then.

Thanks everyone for the insights, very much obliged! Other thoughts welcome of course.

surrender monkey

Samuel T. Cogley wrote: »

Thanks Surrender Monkey - I've an appointment with them to buy my own GR so I'll ask then.

Thanks everyone for the insights, very much obliged! Other thoughts welcome of course.

Ah well then! They can rectify the issue when they are preparing the maps for your application. Make sure you raise it with them!

Marcusm

Samuel T. Cogley wrote: »

I'm quite familiar with Adverse Possession, not so familiar that a fairly glaring issue didn't completely escape me though, so a AP application is not an option. Does anyone know how I can rectify my boundary with a neighbour? Him selling me the land is not an option either, I need to convince the Land registry that the boundary has always been where it is.

Any thoughts welcome. It's a bit of a complicated mess involving local authority ground rents.

Excuse the source; don’t end up like this. Shades of Jarndycr v Jarndyce.

https://www.google.co.uk/amp/www.dailymail.co.uk/news/article-5197481/amp/Family-ordered-600-000-home-neighbours.html