Establishing if the boundary on the ground correspond to those marked red on PRA map.

Hi there,

My wife and I are buying a house in Dublin and we are a little unsure on the details of the title transfer. The vendor refuses to provide an original map, they provided a photocopied OS map from the PRA which looks in order. They say the original will be provided the day we close.

If we request the folio from the PRA ourselves, will the map included with the folio legally establish the plot to which the vendors have title? The deeds seem to rule this out: "The description of the land in the Register or on the filed plan is not conclusive as to the boundaries or extent of the land".

Does this just mean we need to get a surveyor to ok the OS map by reference to physical boundaries on the ground, or does it mean there is some other kind of map we need?

I have read elsewhere examples of the new PRA maps placing legal borders (red lines) in the wrong place, which makes me suspect it is not ok to accept the red lines on the OS map as delineating the area of title.

We are under time pressure (deliberately caused by the vendors taking months to post the deeds) because we wish to avail of the first time buyers' tax relief. As such we are tempted to go to the PRA, view the folio there, ascertain that the red line is in approximately the right place, and go with that. It's a semi-d house with a large space to the side which, based on the PRA map viewable online, the photocopy we received, and based on physical boundaries, appears to belong almost entirely to the house we are purchasing.

However local rumour has it that this space was previously a laneway granting access to houses to the rear. Because of this it might be better to be thorough.

Any advice would be much appreciated. We would basically like to know if we can assume that the folio map red line boundary will be correct to within a couple of feet, or do we need to do any other checks?

thanks for your help.
Aodhan

aodhan.c said:

However local rumour has it that this space was previously a laneway granting access to houses to the rear. Because of this it might be better to be thorough.

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The only way of establishing if the boundaries on the ground conform and correspond to those outlined on the land registry map is to get the original map and have it checked by an engineer who surveys the plot. He can then give you a declaration of identity which you can rely on and which will be kept with the title deeds. It's common for the Vendor to supply a declaration of identity with the title but if they won't, you should pay for your own.

However ownership of the plot does not preclude a laneway having been there- for example one can own a road over which someone else has a right of way, whether registered or not. Therefore the Vendors should be asked specifically whether anyone has enjoyed a right of access over this plot in the past and it should be established how long they have owned the plot and therefore how long they can vouch for. Is there now an alternative access route?

thanks Vanilla. When you say the original map, does this mean the certified folio map we get from the land registry (which I think is an OS map)?

Yes there is now an alternative route. The folio shows the planning application for the house in 1977 and the owners since then. There is no mention of a right of way as far as I can see, so if we can establish the plot legally covers the area we think then I suppose we have no issue about any former right of way.

Vanilla said:

The only way of establishing if the boundaries on the ground conform and correspond to those outlined on the land registry map is to get the original map and have it checked by an engineer who surveys the plot.

He can then give you a declaration of identity which you can rely on and which will be kept with the title deeds.

It's common for the Vendor to supply a declaration of identity with the title but if they won't, you should pay for your own.

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As Vanilla said you must get the original certified folio land registry map and have it checked by an engineer. The engineer will be well used to the process and will be able to explain his part in it.

thanks ajapale. I thought maybe 'original map' referred to a map done at the time of building or some such. So all we need is to get the certified folio OS map checked by a surveyor. Thanks very much for helping me understand!