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Folio not match reality

  • 19-01-2020 10:29PM
    #1
    MaLiYa
    Registered Users, Registered Users 2 Posts: 41 ✭


    Was checking the folio for our land and it turns out that it is incorrect. Basically, it appears we have a little more land than we should in our folio. A section of our land cuts right through a property and divides their house/land in 2 which makes no sense.

    Whose responsibility would it be to get this situation sorted out and would it be in our interests to be pushing the property owner to look after it in case we ever wanted to sell the land. I wouldnt want to to fall out with them but I think it was their obligation to ensure that any previous land trnsfers were mapped out correctly and hence they should have the financial responsibility to rectify this situation.


Comments

  • #2
    [Deleted User]
    Posts: 7,863 ✭✭✭ [Deleted User]


    Sounds like it your problem.


  • #3
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    MaLiYa wrote: »
    Was checking the folio for our land and it turns out that it is incorrect. Basically, it appears we have a little more land than we should in our folio. A section of our land cuts right through a property and divides their house/land in 2 which makes no sense.

    Whose responsibility would it be to get this situation sorted out and would it be in our interests to be pushing the property owner to look after it in case we ever wanted to sell the land. I wouldnt want to to fall out with them but I think it was their obligation to ensure that any previous land trnsfers were mapped out correctly and hence they should have the financial responsibility to rectify this situation.
    There are two property owners here - you and them. And, if you think they had an obligation to ensure that previous land transfers were correctly mapped, wouldn't you have had a similar obligation.

    You need to find out when this error arose. That's the first step in identifying who might be resonsible.

    You need also to consider that it may not be an error at all - the folio may be correct, and your belief about what land belongs to you may be incorrect.


  • #4
    MaLiYa
    Registered Users, Registered Users 2 Posts: 41 ✭MaLiYa


    Peregrinus wrote: »
    There are two property owners here - you and them. And, if you think they had an obligation to ensure that previous land transfers were correctly mapped, wouldn't you have had a similar obligation.

    You need to find out when this error arose. That's the first step in identifying who might be resonsible.

    You need also to consider that it may not be an error at all - the folio may be correct, and your belief about what land belongs to you may be incorrect.

    True. The fact is on the landdirect.ie website an area of land that goes through there house is marked as being owned by us. In this case I would think the onus would be more on them to get this sorted. But I take your point on board.


  • #5
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    MaLiYa wrote: »
    True. The fact is on the landdirect.ie website an area of land that goes through there house is marked as being owned by us. In this case I would think the onus would be more on them to get this sorted. But I take your point on board.
    I think they have a greater interest in getting it sorted out, since they are the one who (taking the map at face value) appear to have not only occupied but also developed land which they do not own. But in fact you both have an interest in getting it sorted out, and I think you should probably approach them to see if you can get it done co-operatively.


  • #6
    Dolbhad
    Registered Users, Registered Users 2 Posts: 782 ✭✭✭Dolbhad


    MaLiYa wrote: »
    Was checking the folio for our land and it turns out that it is incorrect. Basically, it appears we have a little more land than we should in our folio. A section of our land cuts right through a property and divides their house/land in 2 which makes no sense.

    Whose responsibility would it be to get this situation sorted out and would it be in our interests to be pushing the property owner to look after it in case we ever wanted to sell the land. I wouldnt want to to fall out with them but I think it was their obligation to ensure that any previous land trnsfers were mapped out correctly and hence they should have the financial responsibility to rectify this situation.

    Ideally you don’t want to be registered owner of land you don’t have access to. If an accident happens there, you could be sued. It would also be an issue selling it.

    But the land registry boundaries are the official boundaries so it should be fixed. Depends on situation. There are some cases where when the land registry moved to digitalisation a few years ago, boundaries have been off and situations happen like this. But you would need to see your title deeds from a then to see the maps. So you’ll need a solicitor. If that’s the case, your solicitor can write to land registry to fix it. But can take months.

    Otherwise you and neighbours can do deed of rectification of boundaries. But you are involving solicitors and engineers.


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  • #7
    mickdw
    Registered Users, Registered Users 2 Posts: 23,985 ✭✭✭✭mickdw


    The digital folio mapping as brought in over the last 10 years or so is riddled with errors.
    A few points to note.
    As I see it, you dont need to do anything. Even if you were to sell in the morning, you could prepare a transfer map for the portion you actual own and sell that leaving the other incorrect area in your name for the other owner to try to sort out.
    Re where the error might habe come from - some were created when digital maps were produced and others are old incorrect mapping.
    If for example you had a pre digital folio - (the maps look different with thick hand drawn red lines around plots) and if your land was correct on that, land registry would likely correct it themselves.
    In most cases it will however be a case of having a deed of rectification prepared. The other party here would habe that work carried out with mapping completed by engineer showing the area to be rectified. You would then have to sign that you were in agreement and that would be the end of it.
    There are other ways where you wouldn't need to sign also but a more drawn out process.
    I'm doing maps such as these daily. In your situation, id do nothing.


  • #8
    nuac
    Registered Users, Registered Users 2 Posts: 6,767 ✭✭✭nuac


    B]B[B[/B]Mod
    [/B]Agree generally with Mickdw
    In my time we have changed from LR plans drawn by draughtsmen as a thin red line on portion of an original OS sheet to boundaries shown on photocopies of OS sheets. In the latter cases the boundaries may be shown via a thicker line making if difficult to ascertain the actual boundary.
    The former finely drawn boundaries could take six months to arrive but were usually reliable. The latter boundaries ( thru a photocopying processs ) are not so reliable.
    In many cases the Registrar of Titles or the adjoining owner may amend the map. Not always.
    If you have a mapping problem instruct your solicitor and engineer to get it sorted. Delay can be expensive[/B]


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