Boundaries !!!

macadam

Guys and gals, Im currently doing some ground work and the lady of the house, has inquired about her boundary as we have to erect a fence.
There is a boundary hedge on her side with a large open gripe beyond it. Is her boundary the middle of the hedge or the middle of the gripe ?

Gumbo

macadam wrote: »

Guys and gals, Im currently doing some ground work and the lady of the house, has inquired about her boundary as we have to erect a fence.
There is a boundary hedge on her side with a large open gripe beyond it. Is her boundary the middle of the hedge or the middle of the gripe ?

You would need to check her land registry map here and do any works in conjunction or at the very least with the consent of the adjoining neighbor to avoid conflict further down the road.

Calahonda52

http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3

may help

macadam

Have a map from the land registry, there is a very deep large hedge to the left of the site and the hedge in question is to the right there are no solid markers like old concrete post etc when I measure it goes where I believe is outside her boundary ie the middle of the gripe. N
Nothing being fitted until I get it resolved, I spoke to an Architect today and he said the boundary line could be a metre in width.!!

sydthebeat

macadam wrote: »

Have a map from the land registry, there is a very deep large hedge to the left of the site and the hedge in question is to the right there are no solid markers like old concrete post etc when I measure it goes where I believe is outside her boundary ie the middle of the gripe. N
Nothing being fitted until I get it resolved, I spoke to an Architect today and he said the boundary line could be a metre in width.!!

His point is that a mm on a 1:1000 map equates to 1.0 m on the ground.
whevere you do anything with a boundary you clearly mark the boundary location BEFORE works and then any reinstatement is done with agreement from the adjoining land owne

Metric Tensor

If both parties on the ground agree to the location of the boundary then this is the boundary regardless of what the maps show.

This sort of thing causes untold angst across the country and I've see siblings stop talking to each other for 20+ years over as little as metre.

Does she know her neighbour well? If so the ideal thing is that they agree the location and then you fence/mark the agreed location - if that doesn't agree with the maps it is up to the respective owners to get their folios corrected.

macadam

sydthebeat wrote: »

His point is that a mm on a 1:1000 map equates to 1.0 m on the ground.
whevere you do anything with a boundary you clearly mark the boundary location BEFORE works and then any reinstatement is done with agreement from the adjoining land owne

I understand map reading scales etc and I appreciate your input, but the architect I spoke with was referring to the boundary in question the ditch/hedge is approx 1 mtr wide the gripe is the same, he said its normally the hedge belongs to one side and the gripe to the other, the hedge is coming out and the gripe may be filled neither party is giving in so they may arbitrate. Its unreal the way people argue over 3ft of ground.
Im out of it until its resolved. Just need to get paid for whats done already !!

macadam

Metric Tensor wrote: »

If both parties on the ground agree to the location of the boundary then this is the boundary regardless of what the maps show.

This sort of thing causes untold angst across the country and I've see siblings stop talking to each other for 20+ years over as little as metre.

Does she know her neighbour well? If so the ideal thing is that they agree the location and then you fence/mark the agreed location - if that doesn't agree with the maps it is up to the respective owners to get their folios corrected.

They are both living in there respective houses years get on ok I believe problem was she always cut the hedge both sides ( its thorn) she was in Australia with her son for 4 years and it hasnt been touched so it widened, anyway its coming out and a concrete fence or concrete and panles going in now she believes the hedge is hers and thats where her boundary should be.
Im out of it until sorted..

Lumen

What's a "gripe" in this context?

Supertech

A gripe in this case is the open drain outside of the boundary hedge / fence / 'ditch'

Mellor

macadam wrote: »

There is a boundary hedge on her side with a large open gripe beyond it. Is her boundary the middle of the hedge or the middle of the gripe ?

The legal boundary could be the middle of either, or anywhere in between.
Or possibly somewhere else altogether.

Metric Tensor wrote: »

If both parties on the ground agree to the location of the boundary then this is the boundary regardless of what the maps show.

Not necessarily. Agreement of both parties might be enough to get a fence in the ground, but the legal location as shown on the map (if identifiable as different) could come back into play if the property is ever sold.
ie If somebody buys the land, and has a legal document saying they own the land. Then it might not matter where the previous oen told you to stick the fence.


Dimensioned boundaries are so much easier to deal with.

Metric Tensor

Mellor wrote: »

Not necessarily. Agreement of both parties might be enough to get a fence in the ground, but the legal location as shown on the map (if identifiable as different) could come back into play if the property is ever sold.
ie If somebody buys the land, and has a legal document saying they own the land. Then it might not matter where the previous oen told you to stick the fence.

I agree in part - but I suspect a long established boundary "on the ground" will be upheld in court above an "incorrect" folio map held by a new owner.

Edit: The length of time to be "long established" is the question!

Mellor

Metric Tensor wrote: »

I agree in part - but I suspect a long established boundary "on the ground" will be upheld in court above an "incorrect" folio map held by a new owner.

Edit: The length of time to be "long established" is the question!

Sure, after an amount of time there's a certain precedent you could call on. But it would be a considerable length of time.

When it comes to boundaries, cover you ass as much as possible imo

Metric Tensor

Agreed - we're not talking a few months here.

But when it comes to farms and the like - years pass more quickly!