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Boundary

  • 30-03-2006 4:01am
    #1
    kc66
    Registered Users, Registered Users 2 Posts: 2,267 ✭✭✭


    If a boundary drawn up for a house site is found to be wrong after many years would it be allowed to rectify it. Say for example another house was later built on a site next to it and it included some of the land that was supposed to be part of the first site.
    Would the owner of the original site be allowed reclaim the land that was mistakenly excluded.

    I am not relying on any replies as legal advice.


Comments

  • #2
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,344 ✭✭✭NUTLEY BOY


    NALO [Not A Legal Opinion].

    I think that boundary disputes tend to be nebulous. An architect pal of mine got involved in one or two of these years ago and they were messy.

    Apparently, those drawings that accompany title deeds are not always correct or always taken as authorative definitions of what constitutes the boundary.

    Time seems to a relevant factor here too. If the situation has prevailed for many years a time may come when it is too late to rectify it. I don't know how long that time period would be. It might be like the time period for prescriptions i.e. 20 years plus.

    I get the impression with land law that if you do not defend your property against trespass, adverse possession and so on you may effectively lose title to whatever is in dispute.......


  • #3
    maidhc
    Registered Users, Registered Users 2 Posts: 7,668 ✭✭✭maidhc


    If the other person has treated it as their own for 12 years, then i'm afraid there isn't much you can do.

    You may also be estopped from claiming it if the period is less than this if the neighbour has done something with the land.


  • #4
    moceri
    Registered Users, Registered Users 2 Posts: 455 ✭✭moceri


    If the physical dimensions of the site do not match those on the title deeds then you may have a case against the solicitor who did the original conveyance to you, when you purchased the property. A diligent agent would have checked this out.

    The owner of the other plot of land, is unlikely, with the passage of time, obliged to surrender his interest, despite what the title deeds state. He/She will come unstuck however should they have to sell the property. Their title to the disputed ground will be defective, and will need to be remedied; usually on payment of compensation to the other party for their consent and re-registering with the Land Registry. So hold tough!!


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