Hi all,
Hope you are all keeping well.
I have a quick question:
Just measured my garden and i am in shock. the planning permission says should be 106 sq m and there are 94.5.
How can I address this? and where?
Much appreciated your suggestions.
You are buying whatever was agreed in the contract of sale, talk to your solicitor.
You can ask a surveyor to define your boundaries.
I have emailed 3 of them and phoned one….not so easy to get one…but it will be done!
But your contract of sale was not with the builder, you bought whatever the previous owner was selling, not necessarily what the previous owner bought. Two different sales, two different contracts, not necessarily in the same condition. The original buyer’s contract may have had a clause stating the size of the plots may not exactly coincide with planning/development brochure, but he/she agreed to buy the property as they saw it at time of purchase.
What you need to confirm with your solicitor is that what you have, is what you paid the previous owner for, and that the boundary maps agreed in the contract are accurate.
thank you so much. My contract of sale was made on the same folio. I wasnt aware of any alterations.
And again, where does the boundary line at the front begin?
Land registry in Ireland operate a non conclusive boundary system. It is specifically this way so that land registry won't get involved in identifying a boundary on the ground.
A surveyor is not going to identify a boundary down to 2 inches unless there are existing features on the ground.
I will say it again. Your overall plot size is the measurement to concern yourself with. If this adds up, all is good.
If there is a genuine encroachment at the neighbours boundary, it is worth looking at.
Thanks so much. I understand the non conclusive boundary system. I am afraid that 2 inches transformed in in around 1 meter although, but in order for me to prove this i need to find out what used to be and what actually is.
You need to find out conclusively, not what the previous owner bought, but what you bought from the previous owner. Put simply, did you get what you paid the previous owner for, not what he paid the developer for. They don’t have to be the same thing.
you are completely right!
However, as no alteration of folio was registered since 2004 and the red map is dated 2010 - makes me believe that i purchased the same folio as in 2004 .
What does the planning say exactly? Check your numbers, as the 106 crs 94.5 is not 15sqm.
What papers do you think they didn't check? You are purchasing the deeds not the planning permission. Was a statement of compliance with planning provided?
The planning permission has nothing to do with what was sold. Certainly not to you. If the previous owner sole some of his garden, he is entitled to do that.
It's a mistake to assume that a planning drawing years prior to completion was exactly was was provided. What was there before is in a way irrelevant. All that matters is what the deeds/folio say should be there.
The planning application to move the fence is strange. It doesn't require planning generally. what there drawign attached. Can you share them (with personal details redacted)
Get on with it. You bought what you saw. An as built house.
Enjoy the house and live your life.
i am not sure why it wouldnt matter... When i have purchased the house the solicitor sent me a folio number and a red map. They are the same as the one in 2004, the map says 2010.
If the previous owner allowed the neighbour to build on his land why didnt he share it with my solicitor as the 2010 map wasn’t accurate anymore.
That’s if this is what happened. Very possible they just allowed a party wall agreement for an extension.
OP is leaving out important info. Maybe a picture of the boundaries would help.
But you bought what you seen on the ground. What the previous owner done is irrelevant. Once above board.
If you buy a car from me, and I swapped the wheels before you bought the car then you can’t go back looking for the original wheels. You’re buying as is.
the right comparison would be if u purchased a car with 4 wheels and you are selling it to me with 3 as you gave one to your friend.
In that scenario, what the seller originally purchased isn't relevant. If you bought the car with 3 wheels and you had the opportunity to survey the number of wheels but didnt, the problem is yours alone as purchaser. There would be no come back in that scenario.
There is a reason why home purchases are not covered by consumer law, you have the benefit of your own legal advice, and surveyor. You really need to go back to your solicitor and get them to check the contract of sale. If the solicitor relied on the report your surveyor provided, then you have to take responsibility for that report as you commissioned it.
The point Gumbo made is a fair one. At the risk of straining the analogy, when you buy a second hand car, you aren’t necessarily buying the car advertised in the brochure, the previous owner may have accepted a lesser spec at the time of purchase, or made changes before selling to you. The important part is, did you receive what you paid for, not what the previous owner paid for. And if you didn’t recieve what you thought you did, or think now you should have, who is at fault, the solicitor or you for not getting the site properly surveyed.
got in touch with my solicitor…she said i need the deeds (whatever this means)…she advised that the deeds are with the bank (should I have them as well?).
However, when i asked her what have I purchased she advised that I have purchased the folio.
Any help with advising me about the deeds would be much appreciated.
Well no. If you view the car with 3 wheels and buy on that basis then that’s the same compare. You viewed the house as it was, built 20 years ago. You bought based on what you saw. To me, it sounds like buyers regret and you’re trying to catch someone out now.
Your bank has the deeds until you pay off the mortgage. The folio will match the map online at land direct.
Well, yes, I do regret of buying something and have no clarity on what I am still paying the money for. If there is something that is not right, I have to make it right. I do believe that this is understandable. When I purchased the house I have paid 6000 euros the solicitor and 450 the surveyor, I think I have the right to know what I ve purchased. And I have asked sooooo many times for the measurements of the plot everytime the answer was : we dont do this measurements in ireland. Only that today, I got another answer: of course we do, they are in the deeds.
You still haven't said where the boundary is shown at the front of the property. Post a clip of the map from the land registry site.
It's all immaterial anyway. You bought what you saw. Where do you think somebody (who you think that somebody is, is another matter) will conjure up this 11.5 sq m from? Or, how much money would compensate you, even if you could find somebody responsible?
This what you are looking for? Many many thanks.
What scale is the map? 1:500? So 50mm at that scale will be 0.1mm. I don't think you can ascertain that level of detail on a folio map. You said there was a planning permission, what do those drawings show? The folio is what you bought, does that match what is on site?
Right, and in that case the car had 3 wheel when you agreed to buy it. You have no claim to the 4th wheel.
Surely you seen what was purchased when you bought it. Is the house you have now not what you see, and agreed a price for? You were advised in this thread that you bought the land shown on the deeds, not the planning file. You solicitor has not said the same. Does that convince you that we were correct?
Does that match the boundary you have?
This thread is giving me a headache…
i sincerely apologise for any inconvenience
the measurements of the plot is what you have. Simple. Ain’t nothing going to change that.
I buy a bmw rated at 210bhp, I dyno it at 204bhp. Do I go back to bmw claiming I’ve been short changed. No.
no.
as long as you bought what’s on that map your good to go. You’ll get no recourse from anyone.
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