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Boundary issue

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  • 09-10-2011 9:20pm
    #1
    cppromotions
    Registered Users Posts: 163 ✭✭


    I am looking to put an addition to my house , problem is my neighbour has claimed where i am building outside wall is on his side of the boundary i have been trying to find out how i can measure the boundary i have gotten maps from the OSI but i was told they are not totally acurate , then i discoverd just below the earth between the two gardens are the old railings posts that originally divided the garden i have uncovered all the old railing posts , when i start at the furtest post from my house and run a line on my side of each post all the way back to my house i have discovered that my neighbour has taken 4 inchs of my garden,
    are these old railing posts the legal boundary and what can i do about this.


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    #2
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    The ordnance Survey maps only shows the general outlien. It is by no means exact.

    You need to look at the deeds to the properties.


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    #3
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    check the deeds.

    but seriously though. an argument over 4 inches of land :eek::eek:


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    #4
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    D3PO wrote: »
    check the deeds.

    but seriously though. an argument over 4 inches of land :eek::eek:

    Really depends on the length of the garden and whether it is in a urban environment or rural.

    OP

    There should be other reference points used than an old fence that you are uneathing. Normally a corner of a building or set point in a wall can be used.

    The reality is unless he did it while you were there you pretty much accepted the border marking as they were.


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    #5
    cppromotions
    Registered Users Posts: 163 ✭✭cppromotions


    Ray Palmer wrote: »
    Really depends on the length of the garden and whether it is in a urban environment or rural.

    OP

    There should be other reference points used than an old fence that you are uneathing. Normally a corner of a building or set point in a wall can be used.

    The reality is unless he did it while you were there you pretty much accepted the border marking as they were.
    I have been only living at the house the past 3 years and the garden is eighty foot in length would the centre point of the 2 houses be also the centre point for the boundary ?


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    #6
    Firetrap
    Closed Accounts Posts: 4,442 ✭✭✭Firetrap


    Would this not be more of an issue for the PRAI? :confused:http://www.landregistry.ie/eng/


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    #7
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    cppromotions wrote: »
    I have been only living at the house the past 3 years and the garden is eighty foot in length would the centre point of the 2 houses be also the centre point for the boundary ?

    That sounds about right. It depends if they were built at the same time. It is pretty logical really. How a child would divide the property is generally the rule.

    The problem is your surveyor should have identified this when you bought. You could simply errect a new fence on the "proper" boundery. If it really bothers you talk to your neighbour. Could be an honest mistake rather than a land grab.

    You will appear to be petty once you bring it up. There really isn't anything detailed enough to dispute such a distance. 80ft long fencing will cost a lot of money. What is the border marked with now?


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    #8
    pedantic.pat
    Registered Users Posts: 125 ✭✭pedantic.pat


    cppromotions wrote: »
    I am looking to put an addition to my house , problem is my neighbour has claimed where i am building outside wall is on his side of the boundary i have been trying to find out how i can measure the boundary i have gotten maps from the OSI but i was told they are not totally acurate , then i discoverd just below the earth between the two gardens are the old railings posts that originally divided the garden i have uncovered all the old railing posts , when i start at the furtest post from my house and run a line on my side of each post all the way back to my house i have discovered that my neighbour has taken 4 inchs of my garden,
    are these old railing posts the legal boundary and what can i do about this.

    Os maps are accurate to 1to2 meters. PRAI boundaries are "non conclusive".


    What you need to do is get a copy of your old deed and deed map. if you cannot source that, order the instrument from the PRAI. This is a copy of the deed map used to map your boundary in PRAI.(usually 25 euro-no need to get solicitor to sign once your registered owner of prop and call to prai office with id)

    check if measurements on deed match with measurements from railings to far side of boundary. If they do you have solid evidence for your neighbour.

    unless your neighbour has his fence/building encroaching over this old boundary for more than 12 years he may have claimed adverse possession. Not sure what your situation is.


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    #9
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    pedantic.pat wrote: »
    Os maps are accurate to 1to2 meters. PRAI boundaries are "non conclusive".
    He is talking about less than 1 metre in fact less than a half a foot. So what use will it be?


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    #10
    pedantic.pat
    Registered Users Posts: 125 ✭✭pedantic.pat


    Ray Palmer wrote: »
    He is talking about less than 1 metre in fact less than a half a foot. So what use will it be?

    well If he does the survey himself or hires a surveyor he could get up to 2mm accuracy. I would advise if you know a surveyor ask them to tape or disto measurments for you they will also overlay the deed on the survey and advise you if you have a case.


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