# how to find out about boundaries with my house please... thanks



## 4th estate (12 Jul 2011)

My house is in a terrace. Built mid 60s. There is a lane at the back with garage or gate entrance, which is fantastic.

Now would you believe after 25 years here, I went out the back gate with my brother in law to load his van with some stuff for the dump. He said to me "your house back wall and gate is further in than your neighbours" I had never really noticed before.

There are houses with an extra metre or so into the lane. This was a suprise, doh! But we had a look up and down, and realised that those houses where there was a garage had a metre less, presumably for the "swing" in, (mine included), whereas those without a garage had the extra metre.

Could someone recommend the best way to find out if I am entitled to the extra metre? Land Reg maps? Council? anything else? Just don't want to go somewhere to be told something else.

Anyway, am I naive in thinking that having lived here for more than 20 years I would have adverse possession of the metre X 10metre length (roughly)?

Thanks so much, would appreciate your reply.


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## onq (18 Jul 2011)

Sorry I missed this post 4th Estate.

My experience with such situations is that the original title may have extended out to half the width of a private lane.
The lane would have a right of way over it each granted to the others.

Alternatively the original title went only to the boundary but there was a right of way over the lane for the benefit of the local landowners.
Talking in some or all of this lane in either case may be seen as a form a land-grab.

However unless it is contested or effects registered title it can become established.
This leads into legal territory and you may be well advised to talk to a solicitor.

If you haven't already enclosed and retained the extra metre and maintained the land for your sole use my understanding is you may have no "claim" to make under adverse possession.
Of course, you could fence it in now and wait comply with the requirement for adverse possession and see how matter progress.
If everyone does this you'll have a very restricted lane access.
This also leads into legal territory. 

ONQ.  

[broken link removed]  

All advice on AAM is remote from the situation and cannot be relied upon      as a defence or support - in and of itself - should legal action be      taken.
Competent legal and building professionals should be asked to advise in      Real Life with rights to inspect and issue reports on the matters at      hand.


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## 4th estate (28 Jul 2011)

Thanks onq, for taking the time to reply. Appreciated.

I will think about it again! It is not vital, I was just curious.


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## Brigid (28 Jul 2011)

hi, your solicitor should have your title deeds - or they could be with your bank if you have a mortgage and they should disclose a map of the property that you bought.  if you have acquired an unregistered right you should act as soon as possible as the law is set to change at the end of next year which effectively means you could loose any right you obtained through long use.  Talk to your solicitor who will be able to put you straight!


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## 4th estate (28 Jul 2011)

Brigid said:


> hi, your solicitor should have your title deeds - or they could be with your bank if you have a mortgage and they should disclose a map of the property that you bought.  if you have acquired an unregistered right you should act as soon as possible as the law is set to change at the end of next year which effectively means you could loose any right you obtained through long use.  Talk to your solicitor who will be able to put you straight!



Many thanks for that tip Brigid!

Could I ask what law is changing? Is it adverse possession (squatters)? I think I heard something about that, but I may be wrong. Thanks.


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## onq (29 Jul 2011)

Thanks to Brigid for highlighting this issue.

The Act is the *LAND AND CONVEYANCING LAW REFORM ACT 2009

*It is already written into law and I have referred to is in several posts in relation to Party Wall Structures, Chapter Three.

Here are two online versions of the Act

http://www.irishstatutebook.ie/2009/en/act/pub/0027/index.html

http://www.irishstatutebook.ie/2009/en/act/pub/0027/index.html

The latter has an explanatory memorandum

Here is a commentary on part of the Act, but please read the Oireactas Business Written Answers extract at the bottom.

From http://www.pierfitz.ie/index.php/new-act-may-extinguish-existing-rights-of-way

*New Act may extinguish existing Rights of Way?*

_"Effectively the  new act means that people with unregistered rights of way and other easements  have from the 1st of December 2009 until the 1st  of  December 2012 to register their rights in the Land Registry. If  they don’t then  their  right may be extinguished and the time period  for re-acquiring that right  legally starts from the 1st_ _of December 2009 with previous use being  considered irrelevant.  The result could be the complete loss of the right of  way."

_Readers of AAM might also like to note._

"It is important  to point out that rights of way are not the only rights  that may be  extinguished, other easements such as the right to light,  cut turf, drainage and  other utilities will also be extinguished.  Borrowing wisdom from an old saying,  “ A stitch in time saves nine” I  suggest that if you think you have a right over  someone else’s land  then be sure to consult your solicitor and  find out how the  new Land  and Conveyancing Law Reform Act 2009 affects you."_

I am not affiliated to the company whose page I quoted - they came up in a Google search and it seems to be a reasonable plain English explanation.
Its quite clearly not a full explanation, merely a heads-up, but one which may be important for some people.

This appears to be a more detailed commentary

[broken link removed]

However no sooner did this issue arise than people began to lobby for an extension of time in this regard leading to this recent exposition of the matter in the current Dáil on 26th May 2011

http://debates.oireachtas.ie/dail/2011/05/26/00070.asp

Reply from the Minister for Justice and Equality (Deputy Alan Shatter) -

_"Late last year the Law Society made a submission to my  Department containing proposals to amend the 2009 Act with a view to  simplifying the procedures for registering easements acquired by  prescription. During subsequent discussions involving my Department, the  Law Society and the Property Registration Authority, agreement was  reached on the outline of a draft scheme whereby the Authority would be  empowered to register such easements without a court order under section  35 of the 2009 Act on being satisfied that the claim had been  substantiated._
_In order to give statutory effect to the proposed  scheme, amendments to the Registration of Title Act 1964 and the Land  and Conveyancing Law Reform Act 2009 will be required.  I intend  therefore to include the necessary amendments to both Acts in the  forthcoming Civil Law (Miscellaneous Provisions) Bill which will be  published later this year.  I intend also to take advantage of this  legislation to extend from 3 years to 12 years the period referred to in  section 38 of the 2009 Act during which easements acquired, or in the  course of acquisition, prior to 1 December 2009 may be registered."_

-------------------------

 So don't panic, but don't rest on your laurels either.


ONQ.  

[broken link removed]  

All advice on AAM is remote from the situation and cannot be relied upon       as a defence or support - in and of itself - should legal action  be      taken.
Competent legal and building professionals should be asked to advise in       Real Life with rights to inspect and issue reports on the matters  at      hand.


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