Boundary issue with property

Fourbytwo

I bought a house approximately 4 years ago. At the time of purchase, my solicitor told me there was a minor issue with the boundary map, but that it wouldn't affect the sale (I paid in cash, no mortgage).

Fast forward 4 years, my solicitor has been in touch regarding the boundary issue. It seems that the land registry made an error when mapping the property, and gave some of my property to my neighbour.

As this is a neighbour adjoined to my house, the mapped boundary line not only intersects my garden, but my house too.

The solicitor suggested I ask my neighbour to sign a deed of rectification to sort the matter.

I'm a bit uncomfortable asking my neighbours to do this. I expect it will mean they'll have to pay money out to their own solicitor to rectify a problem not of their own causing? I wouldn't be too happy if it were the other way around.

What are my options here? Is it a big problem if I let it slide? I expect it would only be a problem if I want to sell the house? Could it just be rectified if an when I ever decide to sell?

nuac

Mod
Leaving open for general discussion subject to forum rule on legal advice

4ensic15

Generally the best thing to do is sort out boundary problems as soon as possible. Neighbours are generally co-operative with these situations as their own title is in question. A sale could be delayed and a potential purchaser lost if this is long fingered, which might be a serious problem for you if you wanted or needed a rapid sale.

3DataModem

Offer to cover the costs of their own solicitor. Don’t wait until you are selling, do it now.

com1

It would seem that while compensation may not be forthcoming there seems to be a precedent for claiming legal costs from the Land Registry for their mistakes.

https://www.independent.ie/irish-news/land-registry-error-costs-man-45000-26326566.html

Whether this would apply here I don't know, but it may make the conversation with your neighbor more palatable. Might be worth your while to see what your Solicitor thinks.

4ensic15

com1 wrote: »

It would seem that while compensation may not be forthcoming there seems to be a precedent for claiming legal costs from the Land Registry for their mistakes.

https://www.independent.ie/irish-news/land-registry-error-costs-man-45000-26326566.html

Whether this would apply here I don't know, but it may make the conversation with your neighbor more palatable. Might be worth your while to see what your Solicitor thinks.

In that situation one person was using land owned by another which doesn't seem to be the case here. All the o/p is doing is having the boundaries reflect the situation on the ground rather than change the situation on the ground.

com1

Indeed. What I thought would be of most interest to the OP would be that the judge in the case (well, the newspaper article relating to the case) I linked to ruled that the land owners costs associated with the case be paid by the land registry.

I would think that the ruling allocating costs was made as the whole incident was caused by an error by the Land Registry and as such they ought to be liable for rectifying it (though without also being liable for any compensation claimed)

And also while not assuming any motives of the neighbor in the OP, there is always a potential for things to get sticky when land and money come into the equation. The case highlighted could dissuade the neighbor from chancing their arm regarding making any type of claim in the property highlighted by the boundary drawing error (and perhaps provide some comfort to the OP themselves).

Regarding the Wicklow case, I wonder would Mr Grant have been better placed in pursuing whoever he purchased the property from in the first place rather than the farmer who owned the adjoining land?

4ensic15

com1 wrote: »

Indeed. What I thought would be of most interest to the OP would be that the judge in the case (well, the newspaper article relating to the case) I linked to ruled that the land owners costs associated with the case be paid by the land registry.

I would think that the ruling allocating costs was made as the whole incident was caused by an error by the Land Registry and as such they ought to be liable for rectifying it (though without also being liable for any compensation claimed)

And also while not assuming any motives of the neighbor in the OP, there is always a potential for things to get sticky when land and money come into the equation. The case highlighted could dissuade the neighbor from chancing their arm regarding making any type of claim in the property highlighted by the boundary drawing error (and perhaps provide some comfort to the OP themselves).

Regarding the Wicklow case, I wonder would Mr Grant have been better placed in pursuing whoever he purchased the property from in the first place rather than the farmer who owned the adjoining land?

It was the adjoining farmer who pursued him not he the adjoining farmer. He would have considerable difficulty after 14 years even if the vendor was still alive.

Jimmy.

Drive stakes and wire off the proper boundary. Make it happenin

Mod
Careful about any direct action without prior agreement. Judges not too keen on that

com1

4ensic15 wrote: »

It was the adjoining farmer who pursued him not he the adjoining farmer. He would have considerable difficulty after 14 years even if the vendor was still alive.

Did he not seek compensation for the change in boundary which lost him some of the site? Was he looking for compensation from the Land registry? The article is not entirely clear on the matter. I had assumed that Mr Grant had originally purchased the site and house from the Farmer but there is an indication that the adjoining field was since sold to another party who then approached Mr Grant saying that the boundary was incorrect.. All in all it looks quite suspicious to my, untrained, eye.

4ensic15

com1 wrote: »

Did he not seek compensation for the change in boundary which lost him some of the site? Was he looking for compensation from the Land registry? The article is not entirely clear on the matter. I had assumed that Mr Grant had originally purchased the site and house from the Farmer but there is an indication that the adjoining field was since sold to another party who then approached Mr Grant saying that the boundary was incorrect.. All in all it looks quite suspicious to my, untrained, eye.

He may have joined the Land Registry as a third party.

bornio

I would suggest that you contact Land Registry and highlight the error on the map.It is possible that the error occurred when the folios were being digitised by Land Registry.They can check the original paper copy of the folio and can trace it back.
I have encountered an error made by Land reg and I dealt with them directly.