Boundaries and Land Registry Map

[sparky78]

I bought a site in late 2006 and it has recently come to my attention that the boundary fence (wire fence) is in the incorrect location in relation to the land registry map. Its off by about 10m.
I says on the land registry site that the maps are not a definite indication of the boundary but surly a 10m difference is more than an anomaly.

Any comments on how I should proceed from here would be appreciated.

 

[mf1]

1. Check your contract/Transfer.
2. Talk to your solicitor
3. Talk to whoever surveyed the property for you - they/ you should have carefully checked the property being sold with the map being furnished.
4. Once you establish where the anomaly exists, you can decide how to proceed. Talk to neighbours and see if boundary can be shifted or, if thats not possible , consider suing your solicitor/ surveyor for negligence to recover any loss in value ( if you can prove it) if they failed to deal with it at the time.

mf

 

[sparky78]

3. Talk to whoever surveyed the property for you - they/ you should have carefully checked the property being sold with the map being furnished.

Should I have arranged this?
I assumed the solicitor would have arranged this or at least advised me to do it if they didn't.

 

[mf1]

The solicitor would not have arranged it. Possibly should have suggested it.

Did you never check the map against the site? Its pretty basic to look at what it is you are buying.

mf

 

[sparky78]

I bought what I saw marked out by the physical boundaries on the site which I'm happy with.
My concern is if I every go to sell the site(which I hope I never have to do) it could cause an issue.
If I am entitled to the extra land then I'm not going to say no either, if its a simple matter(but I'm not going to do a Pat Kenny on it or anything like that).

The solicitor advised me on the purchase from the beginning and even attended the auction on my behalf as he knew I was a novice. I assumed wrongly that he would look after the technicalities as he didn't provide me with maps etc until the land was registered in my name.

I'll learn from my mistakes.

 

[MOB]

...... and it has recently come to my attention that the boundary fence(wire fence) is in the incorrect location in relation to the land registry map. Its off by about 10m.

From this, I take it that the land registry map shows you to 'own' about 10m more of a strip of land outside the fence in question? ( forgive the cynicism, generally if the physical boundary was 10m outside the mapped boundary, people would say "my map is wrong........")

The starting point with an issue such as this is to ask the first and most basic question, as follows:

"The physical boundary is in one place; the mapped title boundary is in another place; they can't both be right; which of them is wrong?"

In other words, the correction of this problem may involve:

a. Moving the fence OR
b Correcting the Land Registry Map
( or possibly a little of both, if things were well and truly cack-handed).

Only when you have answered this first question can you decide how to proceed.

Most of the time, it is more likely to be the case that it is the mapped boundary, rather than the physical boundary, which needs alteration.

But of course, it depends on the actual facts. To take a nice clean theoretical example, suppose you bought a (physically unmarked\pegged) site by reference to a map (which would have been supplied by vendor) and if you ( or the vendor) subsequently put your fence up in the wrong place, then there would be a case for insisting that the fence be moved to the mapped location, as the site was bought solely by reference to the map.

But if the site was already fenced or pegged when purchased and was then incorrectly marked onto a map, I don't think you are quite in the same position.

I hope this helps to clarify your thoughts.

 

[sparky78]

Thanks MOB.

I checked the old land registry map(which was used for the sale) with the revised 1(it was recently updated) I recieved recently and they both differ.
So it seems a mapping problem.

How do you go about sorting out the maps?

Thanks for the help.

sparky

 

[Vanilla]

Is there a problem with the digitized map? This happens from time to time. You will just need to write to the mapping unit of the PRAI ( I believe Waterford are dealing with this) and point out the discrepency and they should correct it.

 

[j26]

Is there a problem with the digitized map? This happens from time to time. You will just need to write to the mapping unit of the PRAI ( I believe Waterford are dealing with this) and point out the discrepency and they should correct it.

The digitization of the paper maps is throwing up some problems, but there are also the historical issues of the accuracy possible - the original Land Registry maps were drawn on a scale of 6 inches to a mile, so a thin pencil line on one of these maps is several metres wide when scaled up. There is also the issues involved in moving the maps from one system of measurement (National Grid) to another (ITM). There's a whole world of issues that arise.

Write in and they'll have a look at it. If it turns out that the map attached to the transfer was wrong, you might be advised to go to your neightbour and seek a boundary amendment or rectification.

In any event the boundaries shown on the maps are not conclusive.