Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Boundary Issue

Options
  • 19-12-2017 11:13pm
    #1
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭


    I'm quite familiar with Adverse Possession, not so familiar that a fairly glaring issue didn't completely escape me though, so a AP application is not an option. Does anyone know how I can rectify my boundary with a neighbour? Him selling me the land is not an option either, I need to convince the Land registry that the boundary has always been where it is.

    Any thoughts welcome. It's a bit of a complicated mess involving local authority ground rents.


Comments

  • Options
    #2
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    Samuel T. Cogley wrote: »
    I'm quite familiar with Adverse Possession, not so familiar that a fairly glaring issue didn't completely escape me though, so a AP application is not an option. Does anyone know how I can rectify my boundary with a neighbour? Him selling me the land is not an option either, I need to convince the Land registry that the boundary has always been where it is.

    Any thoughts welcome. It's a bit of a complicated mess involving local authority ground rents.

    Has it always been there though?

    You can see if it is also listed in the registry of deeds, it may describe in enough detail to establish the registry boundary is incorrect, there have been mistakes made on the registry before so it may be worth exploring that avenue. Compensation can be awarded where errors can not be rectified. Google the PRAI's website.


  • Options
    #3
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    What's it like on the OSI?


  • Options
    #4
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    Can you go back to the local authority that sold the ground rent to you in the first place. Which one is it?


  • Options
    #5
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    surrender monkey wrote: »
    Can you go back to the local authority that sold the ground rent to you in the first place. Which one is it?

    The issue is that the neighbour concerned still has their ground rent and is having awful problems sorting their folio - it shows them owning half the roads of the estate - they've given up. Which means a AP claim for me would be 30 years not 12 :eek: This is Dublin City Council.


  • Options
    #6
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    the_syco wrote: »
    What's it like on the OSI?

    He's missing on the OSI and I have the 'cut in' on one corner I shouldn't have.


  • Advertisement
  • Options
    #7
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    davindub wrote: »
    Has it always been there though?

    You can see if it is also listed in the registry of deeds, it may describe in enough detail to establish the registry boundary is incorrect, there have been mistakes made on the registry before so it may be worth exploring that avenue. Compensation can be awarded where errors can not be rectified. Google the PRAI's website.

    You're right to be honest. There has been a lot of back and forth with land as two houses were build on their respective end of terraces at 90 degrees to each other.


  • Options
    #8
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    Samuel T. Cogley wrote: »
    The issue is that the neighbour concerned still has their ground rent and is having awful problems sorting their folio - it shows them owning half the roads of the estate - they've given up. Which means a AP claim for me would be 30 years not 12 :eek: This is Dublin City Council.

    It sounds like your neighbour still has a leasehold. The folio showing all the lands in the estate is the councils freehold folio and your neighbours leasehold is registered as a burden against the councils folio.

    Without seeing the folio's it's impossible to tell. Contact the Council and they may agree to rectify the boundary with you. Adverse possession takes years and is rarely successful, much more likely to rectify the issue working with the local authority


  • Options
    #9
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Thanks Surrender Monkey - I've an appointment with them to buy my own GR so I'll ask then.

    Thanks everyone for the insights, very much obliged! Other thoughts welcome of course.


  • Options
    #10
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    Samuel T. Cogley wrote: »
    Thanks Surrender Monkey - I've an appointment with them to buy my own GR so I'll ask then.

    Thanks everyone for the insights, very much obliged! Other thoughts welcome of course.

    Ah well then! They can rectify the issue when they are preparing the maps for your application. Make sure you raise it with them!


  • Options
    #11
    Marcusm
    Registered Users Posts: 10,328 ✭✭✭✭Marcusm


    Samuel T. Cogley wrote: »
    I'm quite familiar with Adverse Possession, not so familiar that a fairly glaring issue didn't completely escape me though, so a AP application is not an option. Does anyone know how I can rectify my boundary with a neighbour? Him selling me the land is not an option either, I need to convince the Land registry that the boundary has always been where it is.

    Any thoughts welcome. It's a bit of a complicated mess involving local authority ground rents.

    Excuse the source; don’t end up like this. Shades of Jarndycr v Jarndyce.

    https://www.google.co.uk/amp/www.dailymail.co.uk/news/article-5197481/amp/Family-ordered-600-000-home-neighbours.html


  • Advertisement
Advertisement