House Boundary issue

[Haven]

We have my Mothers home up for sale, which was bought in 1964. It is a semi detached house, our opposite neighbour has lived in there house since before 1964.

Back in about 1967, my father paid for, and built a new boundary wall. everything was fine, until the neighbour, the son, whom I grew up with, has just now claimed that the boundary wall was built, partially on their property. He now claims that it starts fine but should taper in slightly to a final point of 300mm at the rear of the house.

www.Landdirect.ie show a poor map design that may indicate that a small piece at the rear is out, but that map also shows errors in others areas.

The neighbour would not benefit in this tiny piece of ground as they have a shed, built back in the 1960's on their property and this tiny slip of land, going from zero to 300mm over the full side of the front garden to the rear would be of no use.

To say I'm shocked is an understatement but to come with this 57 years later, and only now when the house is up for sale. We, as families, always were always on good terms, but this has totally shocked us all.

Advice on how to approach would be grateful

 

[Pinoy adventure]

A chartered geomatics surveyor would be able too pin point the exact boundary.

 

[cremeegg]

A chartered geomatics surveyor would be able too pin point the exact boundary.

I don't know what that is, but the land registry map is definitive, even if it's 'wrong'.

What is your neighbours point? That the boundary wall is partially built on his property ? So what? All boundary walls are built on someones property.

 

[Sue Ellen]

Do you think they are only looking for money now because the house is up for sale?

If you are using a solicitor for the sale of the house have you checked with them to see what they have to say about this matter?

 

[Haven]

Spoke with my solicitor and he thinks that the maps are not too precise as a instrument, but after 50 years, and no request to ask for it back ever took place is a point.

I went today to speak to my neighbour and, well he was always a bit odd, even as a child. He told me that he was not looking to take the bit back, nor was he looking for money, said he was only pointing it out as the new owner might want it done.

I found an old photo of myself and a sister that was taken outside the house back in the 60's, and it shows the old boundary fence, at the front but not down the side of the house. Upshot is that neighbour is not planning to object and let it go to whoever buys the house to see if they want to do something.

 

[Pinoy adventure]

I don't know what that is, but the land registry map is definitive, even if it's 'wrong'.

What is your neighbours point? That the boundary wall is partially built on his property ? So what? All boundary walls are built on someones property.

 

[DeeKie]

Even if it’s right surely the period for adverse possession has passed.

You’d just be worried about him saying something to a potential buyer and putting them off.

 

[Haven]

those landdirect maps are not very accurate. Not sure when they were drawn, but our house and the neighbours house were built in the 1920's. They each have a detatched shed between the houses and it looks like the map line take a pizza slice off our driveway, going from zero to 300mm over a 4 meter strip. This driveway was layout is the same layout since the 1920's.. As I look at the garden drawn on the map, it would appear that we have a tiny strip of land, as an alcove in the bottom right corner now gone. It never existed in reality.

 

[Bluecup]

Land registry maps have a disclaimer on them about not being official boundaries. It's a shame they shirk from that important responsibility.

Have a look at what is know as the 'general boundaries rule'. From the land registry website:

"The answer to this conundrum can be found in Section 85 of the Registration of Title Act, 1964, amended by Section 62 of the Registration of Deeds and Title Act 2006. This section clearly states that neither the description of a property in a register nor its identification by reference to a Registry map is conclusive as to boundaries or extent. In essence, while Land Registry maps serve to identify properties, they don't conclusively define property boundaries.

This fundamental rule is known as the 'General Boundaries Rule.' It asserts that property ownership generally extends only as far as the property's physical boundaries, like fences, gates, or hedgerows, unless the property owner can provide evidence to the contrary."