Potential boundary dispute

BudEliJackson

Hi all,


first of all to make it clear I am not looking for legal advise but opinion/ suggestion form others who might have been in similar situation or looked into this previously.

I bought house in October last year- 2016 which was bank sale so bank didn't want to look into anything and close the sale. On the map there appeared to be bit more land (2 triangle parts) which physically are not in my garden (these 2 are in my neighbours gardens and there is a brick wall between these parts of land).

My solicitor back then suggested that only what is physically there is what I am buying and garden is big enough as it is .... this was bit funny to me but I was worried I would loose the house so we got surveyor who put down the boundaries as they physically are in the garden and this was sent to bank who I have mortgage with and sale was closed off, no more questions asked.

I have been thinking about this for a while now, would there be any way to look into this and possibly get this land back? Has anybody been in similar situation and what do you think would be the best way to approach this? while possibly the neighbours have been using those 2 parts for years- lets say 30 or so?

Also lets say, hypothetically, that one of neighbours/ not direct neighbours would approach me as owner of the house that there is some land which himself and his family has been using for odd 30 years and he would like to make it legal now that it belongs to him, and I should transfer it over to him, would this even be legal? I mean I did a bit of research about squatters right etc but it seems to be open to translation and depends form case to case so I am not sure what could I do in this case?

I would not want to transfer any potential land that could be possibly mine as I have future plans with the land/ house and one day- in 30 years or so I might be missing exactly this part of land that I could potentially gain? I mean is it even mine? or could it be?

Very confused with how it all works and what if anything can actually be done, any suggestion or comments or real life situation what you did/ planning on doing much appreciated,

I do not want to be going around solicitors and dragging case open on for 20 years but I also would not want to leave it if potentially I could gain piece of land which might be very important to me in the future.


Thank you all!

Askthe EA

BudEliJackson wrote: »

Hi all,


first of all to make it clear I am not looking for legal advise but opinion/ suggestion form others who might have been in similar situation or looked into this previously.

I bought house in October last year- 2016 which was bank sale so bank didn't want to look into anything and close the sale. On the map there appeared to be bit more land (2 triangle parts) which physically are not in my garden (these 2 are in my neighbours gardens and there is a brick wall between these parts of land).

My solicitor back then suggested that only what is physically there is what I am buying and garden is big enough as it is .... this was bit funny to me but I was worried I would loose the house so we got surveyor who put down the boundaries as they physically are in the garden and this was sent to bank who I have mortgage with and sale was closed off, no more questions asked.

I have been thinking about this for a while now, would there be any way to look into this and possibly get this land back? Has anybody been in similar situation and what do you think would be the best way to approach this? while possibly the neighbours have been using those 2 parts for years- lets say 30 or so?

Also lets say, hypothetically, that one of neighbours/ not direct neighbours would approach me as owner of the house that there is some land which himself and his family has been using for odd 30 years and he would like to make it legal now that it belongs to him, and I should transfer it over to him, would this even be legal? I mean I did a bit of research about squatters right etc but it seems to be open to translation and depends form case to case so I am not sure what could I do in this case?

I would not want to transfer any potential land that could be possibly mine as I have future plans with the land/ house and one day- in 30 years or so I might be missing exactly this part of land that I could potentially gain? I mean is it even mine? or could it be?

Very confused with how it all works and what if anything can actually be done, any suggestion or comments or real life situation what you did/ planning on doing much appreciated,

I do not want to be going around solicitors and dragging case open on for 20 years but I also would not want to leave it if potentially I could gain piece of land which might be very important to me in the future.


Thank you all!

Google 'Possesory Title' that'll give you a steer in the right direction.

BudEliJackson

Thanks, going to have a look now

BudEliJackson

BudEliJackson wrote: »

I have been thinking about this for a while now, would there be any way to look into this and possibly get this land back?

I might be missing exactly this part of land that I could potentially gain? I mean is it even mine? or could it be?

Get this land back? It was never yours.
Your solicitor told you it isn't yours.
Your maps say it isn't yours.
The walls say it isn't yours.

If you want some of your neighbours gardens for potential future use approach them to buy it from them.

BudEliJackson

Hi, not sure about this, the map says it is ... looking at another house on the side of cul de sac it has the same shape of the land as mine, I do not know what happened here 30 years ago or anywhere between house was built and now so obviously I do not know what the agreement could have been if there ever was one ... but thanks for your comment, I appreciate

Skatedude

Deleted User wrote: »

Get this land back? It was never yours.
Your solicitor told you it isn't yours.
Your maps say it isn't yours.
The walls say it isn't yours.

If you want some of your neighbours gardens for potential future use approach them to buy it from them.

But the map did say it was his?

BudEliJackson

This is the part where it gets confusing ... the folio with information about the house had those two pieces of land included, the land registry map I think does as well there on the website of the land registry they have the quote saying this is not the proper map that they have and boundaries are not correct on these maps ... I just had a look at landdirect.ie and it shows as the red plot , attached for demonstration purposes only, very confused here ...

Brioscai

The North South strip looks to be part of an old train line or something. If so and was state land, possessory title is 30 years, not 12. If the land is walled off from you and you are not using it, then you can't claim squatters rights. If you are using the land as your own, make sure you keep pictures/dates going forward to prove occupation for the required time period.

Marcusm

BudEliJackson wrote: »

Hi, not sure about this, the map says it is ... looking at another house on the side of cul de sac it has the same shape of the land as mine, I do not know what happened here 30 years ago or anywhere between house was built and now so obviously I do not know what the agreement could have been if there ever was one ... but thanks for your comment, I appreciate

What type of maps are they? Some Land Registry maps were generated from recent satellite surveys which can result in errors. This was the case for a house I bought in 2008, the satellite mapping mistook a line of planting for a boundary wall and produced a weirdly shaped map (involving a triangle). When referred back to the original construction maps, actual property grant etc, the error was clear and PRAI amended the map.

I think it is unlikely that two of your neighbours (138 and 140) grabbed two triangles of land each from two different neighbours (32 and 34) and walled them off.

I think it is just a mapping error that doesn't reflect what was sold or built.

I don't see any easy way to prove otherwise.

Getting the maps changed to reflect reality would have cost time and money for no real gain.

Is the map for 32 the same?
Ask them if they know the history.
If you want to get your maps adjusted to reflect what is on the ground it would make your property easier to sell in the future and would probably make 138 and 140 easier to sell too if they corrected it too.

April 73

What could you hope to do with those two small sections in the future? What is the actual area? Your garden looks big & these sections wouldn't add much usable space?

Addle

Why go looking for a dispute?

mloc123

I don't see the benefit of getting that land back... if that is even an option. You will piss off the two neighbours directly impacted and likely others that are not.

spaceHopper

When you bought it your solicitor advised you that you were buying what you could see and you went ahead with it. Looking at the map are you trying to get the land back so you can have a valuable site next to yours with access from the end of it?

the_syco

Look at the "bottom left" of the neighbours property. Do the neighbours gardens take away some of their land like the map suggests, or not?

Also, consider that you'd need to have someones shed/building changed to suit said property lines.