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Land boundaries

  • 03-01-2021 8:05pm
    #1
    [Deleted User]
    Posts: 0 ✭


    Any advise would be appreciated.

    Would like to invest in land with a view to obtaining planning permission and then selling on. Have been approached by a land owner who has a great site but entry is through what is officially part of their house site boundary. I assume I'd need to chat about getting the boundaries changed to allow a separate entrance into the proposed field? There is loads of space to allow for a separate entrance.


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,575 ✭✭✭✭Victor


    Few people would want to buy a site whose sole access goes through someone's garden.

    Talk to the vendor and your solicitor and get an arrangement where the entrance is fenced off and a suitable right of way is put in place.

    Are you buying subject to planning permission?


  • #3
    BnB
    Registered Users, Registered Users 2 Posts: 1,091 ✭✭✭BnB


    The way I see it - You have two things here

    1) Changing the boundary

    I assume what you are talking about here is that you are not going to share an entrance or something like that with the current owner. You essentially want to buy a part of their existing house site off them (and fence it off etc) and use this as the entrance to the other site you are buying off the same guy.

    This is relatively straight forward(ish) and needs to be done by the existing owner before they sell anything to you. They can either split the existing folio of their own site into two and create a new folio for the small bit they are selling you for an entrance. (so you would end up buying two folios off them - The new site and the small bit of their own site that is now it's own folio). Or (I think) they can apply to change the two folios (their current site and the one they are selling you) so that the boundary is changed and the new site takes over a part of the old one.

    You will find more information about this here : https://www.prai.ie/land-registry-services/

    The biggest potential issue you could have here is if the guy you are buying from has a mortgage on their house. Then, they won't be able to make any changes to the folio without getting approval from their bank, and I don't know from any experience, but I would imagine that this would not be straight forward.

    2) The whole idea...

    Is the site in a village/town or has it at least been zoned for development. If it has, then that's not too bad. However, if what you are talking about here is rural one-off housing then that is a complete other kettle of fish and it is essentially not really possible to do what you have described any more.

    In the past (for rural one off housing) a land owner could apply for planning permission for a house and then just sell the site with planning once they had it.

    However, planning permission for one-off housing now is much stricter than it was 20 or even 10 years ago. Every Co Council is different but they all have some kind of a requirement for a local housing need built into their planning permission. i.e. If you want planning, you have to show that you have a need to build and live in that area. Subsequently, if you get planning - YOU have planning and not just the site. If you sell the site, the planning does not go with it. Even if you build the house, you then have to live in it for X number of years before you can sell it (X varies from county to county but the smallest number I've heard is 7 years)


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