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Land registry- Boundary question

  • 22-04-2021 8:59pm
    #1
    Bicky
    Registered Users, Registered Users 2 Posts: 878 ✭✭✭


    Hi all. I bought my house in 2007 and at the back, outside the fence, was a double width carparking space. I share this with my neighbour. I recently decided to fence off my half of the parking space and put an entrance gate. I spoke with the neighbour. He is a social tenant and has no issue with it.
    I looked on the land registry map on Landirect.ie and it appears my parking space is not within my property boundary. This came as a shock, especially since all my neighbours boundaries include the parking spot. The only difference I can see is that my neighbours house is not a separate property. Ie it is included in the boundary of the public roads and green areas. I presume this is because it belongs to the council.
    Anyone have any experience with this? How can I find out for sure?


Comments

  • #2
    Dolbhad
    Registered Users, Registered Users 2 Posts: 782 ✭✭✭Dolbhad


    Bicky wrote: »
    Hi all. I bought my house in 2007 and at the back, outside the fence, was a double width carparking space. I share this with my neighbour. I recently decided to fence off my half of the parking space and put an entrance gate. I spoke with the neighbour. He is a social tenant and has no issue with it.
    I looked on the land registry map on Landirect.ie and it appears my parking space is not within my property boundary. This came as a shock, especially since all my neighbours boundaries include the parking spot. The only difference I can see is that my neighbours house is not a separate property. Ie it is included in the boundary of the public roads and green areas. I presume this is because it belongs to the council.
    Anyone have any experience with this? How can I find out for sure?

    Is your parking space registered to the owner of the common areas? If so, is the registered owner a company still activate? Did you have an engineer at the time do a boundary check to ensure what you were buying on the ground matched the maps that were to be registered?

    First step is contact the solicitor who acted for you. Have them take up title deeds and see what the situation is. If it was a case that the car space should have been included in the transfer to you and wasn’t by mistake - and if the owner of the common area is still around, a deed of rectification can be carried out.


  • #3
    Brendal
    Registered Users, Registered Users 2 Posts: 4 ✭Brendal


    to add to Dobhad, the current Land registry maps are the newer digital version and there are quite a lot of boundary errors as they were made by an overlay of OS maps and Aerial photos process (& centre of hedge roots guesstamate were used as boundaries, & with some hedges very bushy).
    As against the original folio maps 1/4" with bold black lines within which is your property boundary area (if you have that there are ways to check vs current land reg maps).

    Another thing to consider is if these lands ever had a ditch running between them, if so there's a well used 'Hedge & Ditch Rule' which basically is the lodgic that whichever side has the mound on it, they own to the other side of the ditch, as when orginally dug, the spoil is always thrown back on the owner's side. One caveat, if you haven't had possession or the use & enjoyment of the section for over 12 years, you lose the right to claim it. Other option is to move your fence over to the other side, and wait & see if anyone comes back at you.
    If not, plant a hedge, wait 12 years, then get your solicitor to send in a 'rectification map' to PRA to get it included in your folio. Best of luck with it... Brendal (Ex Financial Planner & private land broker)


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