help...marking out a site?

D

dalyr

Guest
can someone please help me I am in the process of marking out our site that there is a dispute between me and the farmer as to where we start measuring from? our architect has told us that you start from the boundary ditch but the farmer is saying we start from the middle of the lane (our site is down a lane)
what is making it more complicated it that the farmer in question is actually a family member.

Also is there any website that i can go to which states where it should start from so i can print it off and show him
 
The area of a site takes into account half of the PUBLIC road. If the site is down a lane and doesn't bound a public road, the measuremnt is taken from the middle of the ditch. A solicitor would be able to give a difinative response tho
 
I would think that for ANY potential dispute about land, you should have a solicitor involved in order to ensure that everything is documented in the proper manner.
 
Get solicitor invovled and I'm sure he will tell the two of you to get independent engineer to mark site on land and on folio map. Doing that at moment myself! Have to get vendor and purchaser solicitor involved. Do not try to skimp on costs as your solicitor will advise you about rights of way etc. Vendor's solicitor should send contract on to your solicitor and they should agree between them as to who will mark out site and also draw on vendor's folio map when both of you are happy with staked out site. This is something to be done properly as can lead to dispute for years to come.
 
This is how it was explained to me. Assuming he doesn't own the lane, and it may not matter in either case.

Say you agreed to buy 1 acre of land from him.

You agreed to buy land, not lane.

The acre of land is measured to the boundary of his land which as I understand it is to the centre of the ditch.

When the site is registered with the land registry, the site boundary will be extended out to the centre of the lane. This is a more reliable reference point over time than a ditch which could be moved or removed. The lane is alot less likely to move.

The map with the land registry will then show more than 1 acre i.e. your acre plus the area between your site boundary and the centre of the lane.

We purchased a half acre with OPP. The site boundaries as submitted with the planning application did enclose a half acre which was to the centre of the ditch. I have seen the land registry map however and the size is marked as 0.62 acres and does extend to the centre of the lane.

I am open to correction however when you find a definitive source.
 
Last edited:
Whatever you do, get the title map properly marked & sworn by a competent architect/engineer.
As soon as you can, get it staked out by someone who knows what he is doing.
You may wish to perform a digital survey/ setting out to ensure accuracy.
This may show up discrepancies with the Ordnance Survey Map.
Agree all of this with the vendor, tale photos and register title.

HTH

ONQ.
 
When I get to a windows machine I can show you two sites on the Cork planning website that are next each other one was measured from the map and the other from the ditch to show that this can lose you a lot of land. My site I measured up using 12 figure grid references and took back bearings from local features with a compass to mark the boundary (you could use a GPS). Next door used the centre of road as their baseline and now these two supposed identical sites have very different boundaries. My engineer would have used the road as well if it was not for me proving the map boundary.

This is on the Cork planning website but Mac's are not allowed in for some reason but I will post the link tomorrow to show the effect.
 
Ok I managed to get onto the site.

I f you click open the following link you will see the two sites I mentioned.

Site 1 - Top most site was measured by grid references
Site 2 - Bottom site was measured from the road
Site 3 - Orriginal outline planing for the combined site

As you can see there is a substantial amount of land loss on the site measured from the road. This was recorded by the engineer and now its officially outlined.


http://www.flickr.com/photos/22615177@N03/4034517596/in/photostream/
 
You must log in or register to reply here.
Back
Top