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Boundary Issue

  • 08-11-2019 9:56pm
    #1
    Bez Bing
    Registered Users Posts: 209 ✭✭


    So, gone sale agreed but our surveyors report mentioned a potential overhang of the extension to the house we are buying onto the neighbors property.

    We mentioned this to the seller and they had a surveyor do a boundary inspection who measured it out and determined that the extension was built on the boundary and stated that no deed rectification was necessary.
    The guy who produced the report is a geomatics and boundary survey with all the required affiliations.

    I presented this to my solicitor today but he is still suggesting that I have my own surveyor report commissioned.

    Is this overkill? Wont they just come to the same conclusion? Can anyone see a reason to have a second inspection done?


Comments

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


    Bez Bing wrote: »
    So, gone sale agreed but our surveyors report mentioned a potential overhang of the extension to the house we are buying onto the neighbors property.

    We mentioned this to the seller and they had a surveyor do a boundary inspection who measured it out and determined that the extension was built on the boundary and stated that no deed rectification was necessary.
    The guy who produced the report is a geomatics and boundary survey with all the required affiliations.

    I presented this to my solicitor today but he is still suggesting that I have my own surveyor report commissioned.

    Is this overkill? Wont they just come to the same conclusion? Can anyone see a reason to have a second inspection done?

    I would get a second opinion. Not saying the first engineer is necessarily wrong but being bang on the boundary could mean it’s a close call. Another engineer might differ. House is the most expensive thing you’ll buy so it’s worth the extra expense. After all if you were selling in the future and another engineer says otherwise, you’ll have to fix the boundary and incur the expense. I rather do it now and have the sellers fix it if it needs to be. I’d listen to your solicitor.


  • #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,427 Mod ✭✭✭✭Gumbo


    Check with the neighbors.
    Ask if they are happy that you both sign a party wall agreement. The wall becomes a party wall with shared ownership and they can use for their extension in the future if required.


  • #4
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    Is the overhang dependent on the neighbours building; can they decide to remove what your overhang rests on? Also, if the neighbour was to do an extension to their border, would the overhang have to be removed? Is there any written agreement with the previous owner and their neighbour allowing this overhang?
    Bez Bing wrote: »
    We mentioned this to the seller and they had a surveyor do a boundary inspection who measured it out and determined that the extension was built on the boundary and stated that no deed rectification was necessary.
    Bez Bing wrote: »
    I presented this to my solicitor today but he is still suggesting that I have my own surveyor report commissioned.
    Your solicitor is looking out for you. The seller is trying to sell the house. Once you buy the house, the overhang will be your problem.


  • #5
    Bez Bing
    Registered Users Posts: 209 ✭✭Bez Bing


    To add a little color, the house we are buying built their extension to line up with the neighbors existing extension. In doing so they originally left a gap which the neighbors asked them to fill the gap.

    The surveyor letter states that: 'The southern wall of your extension has been built as a party wall..... The neighbor requested the gap (150mm approx.) between the wall of their existing extension and your new extension be closed in. This gap and half the party wall still belongs to your neighbor'

    Everything was done in consultation and agreement with the neighbor.

    I think I may err on the side of caution and get my own surveyor to do a report.


  • #6
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    i can see no point in getting a new survey done,
    you have all the info you need .
    it would be a good idea to get a letter from the neighbour,
    stating ;
    'The southern wall of your extension has been built as a party wall..... The neighbor requested the gap (150mm approx.) between the wall of their existing extension and your new extension be closed in. This gap and half the party wall still belongs to your neighbor' joe bloggs ,

    signed ,joe bloggs, adress eg 12 x street dublin.

    Say in 20 years you might want to sell the house,
    and your neighbour might have moved out or have passed away.


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  • #7
    worlds goodest teecher
    Registered Users Posts: 1,107 ✭✭✭worlds goodest teecher


    We are having currently in the middle of a similar issue. Sale agreed on a bungalow. The engineer who did the survey for us noticed that there is a discrepancy between land registry maps in terms what it shows and the physical boundary as it stands. This is a house that the vendor bought in 2007 as a holiday home and lost a lot of money on it agreeing the price they did with us.

    We have pointed out (via our solicitor) that we agreed to buy what is inside the physical boundary and they are to pay for the rectification. They are not prepared to spend any more money on this property. Our budget is extremely tight and by paying for this we may have to forego essential repair work. At the same time we do not wish to lose the house.

    Roughly what can a site boundary rectification cost and how long could it take?


  • #8
    Corruptedmorals
    Registered Users Posts: 4,194 ✭✭✭Corruptedmorals


    I PM'd you but forgot to mention that there are a lot of errors on folio maps arising from when the original maps were digitally transcribed - your buyers date of 2007 falls right into that timeframe. Hopefully it is an error but it's not the cost but the time delay to get it sorted. I would add 2 months off the bat on top of regular timeline of conveyancing if it is an error.


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