Folio query

makeorbrake

I'm hoping someone who is more accustomed to looking at property folios can help me with this. There's a neighbouring property in a housing estate that I'm interested in. It seems like it was recently sold (according to the property price register). On landdirect.ie there's a note down the bottom saying that there's a pending "application" related to the folio. What could this be and how do I access it using the reference number provided?

It seems odd to me as there was another property that sold in the same estate ..that according to the property price register…was sold 5 days before this one - and it doesn't have this same "application."

muffler

The property price register is part of revenue so a different animal as it just confirms that a sale has gone through.

The documents that were lodged obviously raised a query and most likely it has do with boundaries, easements etc. They won't disclose the actual details to you but maybe your solicitor may be able to get that info.

makeorbrake

@muffler Thanks for your explanation. I take your point on the PPR and folio being different animals. The folio doesn't reflect the new buyer yet and oddly the previous owners are still accessing/occupying the property.

On the filing that has raised a query, I'm concerned that it does involve a boundary-related item. The development was constructed 30 years ago. Boundaries were quite clearly defined but 3 years ago the neighbour took down their fence and proceeded to expand into communal space, erecting a new fence to cordon off their new "boundary."

It's not a lot of space…maybe 10 sq. m. - but it belongs to everyone (or technically the local authority as it took the estate in charge many years ago), in a development where there is a shortage of communal space for the use of residents/resident's kids, etc.

I assume they're going the squatters rights route …although I thought that would mean they'd need to be in adverse possession for many more years…unless of course they're claiming that they had taken adverse possession years before they actually had….

muffler

The sale would have been finalised when the contract documents were signed and possibly some sort of agreement was entered into thereby allowing the previous owners to remain for a period of time. However when the documents are sent to Land Registry/Tailte Eireann for registration the maps go to Land Direct and the mappers there have most likely spotted a discrepancy hence a query being raised. If anyone gets their boundary mapped showing an encroachment on other lands then a query will definitely be raised. I'm not a solicitor but afaik the sale agreement is valid but the registration can't go through until outstanding issues are sorted.