Boundary line dispute

Skyrimaddict

Hi,

A quick question, someone may point me in the right direction.

My fathers house, passed away, is to be put up for sale soon.

Its in a rural part of Limerick , but has neighbors on each side. There was a very large and overgrown hedge in between his and one house, im talking it was around 6 feet wide. The hedge had to be cut down late last year as it was getting too big and it caused some panels underneath to collapse with wind etc.

The fun part. The hedge is now down and removed, but as there was a build-up of soil etc under it, there is no way to know exactly where the actual boundary is. As the neighbor knows we are trying to sell he has decided that all the hedge was on his side, so he gains an extra 6plus feet of wide over a very long garden.

Any one any idea on what I can do or where to go?

lostring

Could start here: https://webapps.geohive.ie/mapviewer/index.html

Zoom right in and you might get an indication of the boundary line. Someone more knowledgeable will come along but if it gets into dispute territory you might need to involve a professional to measure it against the map in the Land Registry.

You could also go direct to: https://www.landdirect.ie/

However, I have noticed that the boundary for ours isn't correct on this but is correct on the geohive map.

antoinolachtnai

If the estate wants to sell quickly you may have to make a settlement with the neighbour. That’s the problem you have. The executor or administrator of the estate needs to talk to an estate agent (for commercial andvice on what the disputed land is worth) and a solicitor (for legal and litigation advice) about this to figure out the most time- and cost-effective solution.

Skyrimaddict

https://www.boards.ie/discussion/comment/121569284#Comment_121569284

Hi,

Thanks. helpful.

Only issue, is any pictures etc from the last 15 years seem to all have this bloody hedge in them, so nothing clear.

Will keep hunting

muffler

Follow the link posted above to landdirect and if the property is registered order a certified copy of the folio and file plan (map). That will cost 40 euros. If it's not registered and the neighbours property is then order a copy of their folio and file plan. After that engage a digital land surveyor who will mark out the boundary. If you don't know any land surveyors in your area Google should throw up a few results.

There are a few professionals who read and post here so if you stated your approx location (county and/or nearest town) then someone might assist you further.

lostring

https://www.boards.ie/discussion/comment/121569659#Comment_121569659

Do you not see something like the below when you look at LandDirect.ie for example? The red lines are the registered boundaries.

Penn

https://www.boards.ie/discussion/comment/121569936#Comment_121569936

The trouble will be if the neighbour is trying to claim 6ft along the boundary line, at a scale of 1:2500 on the map that's less than 1mm.

The rightful thing would be to have a surveyor mark out a new boundary line on site, to be agreed by both parties, and based off digital OSI maps and datum which would have been marked as the approx centreline of the previous hedge. This should also correlate to the boundary lines on the land registry map.

Tefral

I had to sort out a land boundary before for my own house.

You need a Engineer/Surveyor with a GPS unit. Alan Collins in Ahane does it.

You will also need to do as Muffler said, get the folio map off land direct. Alan / AN Other can very quickly see what is what. Its best have the neighbour there also so he can also see.

lostring

https://www.boards.ie/discussion/comment/121570065#Comment_121570065

100%.

Though it's a starting point for the OP. The map is 1:1000. If the boundary claimed by the neighbour now makes it appear that the boundary line is almost flush with the OPs house, it would give an indication that the neighbour's biting off too much if the red line on the map passes approximately equally between the houses.

Penn

https://www.boards.ie/discussion/comment/121570259#Comment_121570259

The map is 1:1000 in urban areas, but for rural areas like the OP said, folio maps are 1:2500, and in rural areas boundary lines can have all sorts of bends and kinks in them.

That's why so long as the OSI map correlates to the Land Registry map, it's probably the best way to go for setting out a new boundary, as the digital OSI map will mean each point along the boundary line is tied to ITM co-ordinates and so can be correctly marked out again. It's probably as close as you're ever going to get it once the physical boundary (in this case the centre/rootline of the hedge) has been removed.

Edit: Actually I may be wrong on the scale of folio maps, I may be thinking of the scale they have to be for planning. Not sure if the same applies to maps for Land Registry maps.

muffler

https://www.boards.ie/discussion/comment/121570295#Comment_121570295

In rural locations if it's an average sized site measuring up to an acre or more and being the only property contained within the Folio then more often than not the map will be supplied at a 1:1000 scale. If necessary a special registration map can be ordered at that scale. As you know the 1:2500 scale maps can be enlarged after purchase so it's not really an issue concerning the scale of the map provided.

Skyrimaddict

Thanks all,

Yes, I have seen this type of map, its actually where the initial problem came from as its a 3 foot on either side difference, so its difficult to get an exact setting for where the boundary is.

Neighbor's is being a bit of a dick about it TBH, He was only cordial to my Dad ( not being a local) but since he knows we are planning to sell he is digging his heals in.

I have a suspicion also, as the sites are very long and with an extra few feet, he has a daughter around 30 who I imagine would love to build at the back. A slightly wider driveway is never a bad thing !

Skyrimaddict

https://www.boards.ie/discussion/comment/121569656#Comment_121569656

Its down to me unfortunately as the only child :)

XsApollo

Don’t give this fella an inch, get professionals in to figure out the boundary and be done with him.

chooseusername

https://www.boards.ie/discussion/comment/121570982#Comment_121570982

I don't know if you've looked at Google Earth Pro, If not, it's worth a try,it's free.

Some areas can go back 20 years or more, depending on where you are.

You can also overlay the online version of your folio map onto the sattelite image. It won't be 100% accurate, but it might give you an idea, worth looking.

Here's a random place;

map.jpg

And zoomed in;

map+.jpg

Skyrimaddict

https://www.boards.ie/discussion/comment/121575967#Comment_121575967

See thats what I was thinking, he is being a bit of a pest now about it.

And as I think, he is no doubt down the road going to put a house at the back so the extra few feet would make a nice slip road up :)