Boundary map variation

vinnie_cork

Hi, I'm in process of buying a property and was hoping to get the keys last week but a last minute hitch arose...
House built in 1930 and there was a 1930s leasehold map drawn (ambiguous hand drawn map which only had one boundary defined (the road) which remains the same, albeit there is no reference to where you could be on this straight section of road in the city.

In 2017 the owner went through the process of buying out the leasehold was done and the property is now Freehold which is great. The 2017 engineers and solicitor for the person selling the house to me used OSI land registry compliant map and it is a true reflection of what is defined by fixed boundaries on the ground.

Issue is, there is a variation between the crudely drawn 1930s map. The 1930s map had 4 straight lines (rectangular site). However the OSI and on the ground there is a dog leg to one of the boundaries to the rear. on this line there are two sheds built one on my intended side and attached to neighbours shed. Superimposing the 1930s map over the 2017 shows part of their shed in my folio. I checked out the online landdirect system and due to the age of the houses about my intended and the fact people seem not to have sold in last 20-30 years nothing is showing online as registered about me.

I am happy with what it is on the ground and am not looking to dispute with my neighbour over a shed built in 1940s. It is what it is on the ground and I'm ok with that.

My solicitor said vendor needs to fix, my long winded question is... Have people experience of boundary variations and if so is it a long process to fix? The fact that in 2017 the OSI map was used to clean the ownership title does this take precedence over a roughly drawn 1930s map with no points of reference.

Hi Vinnie,
We just finished dealing with something like this.
Went sale agreed and found part of our house belonging to a neighbouring fields folio.
Turns out the vendors had flagged this last year and the paperwork was in motion .
While there was no dispute on either side we could not proceed until the folio was corrected (could not draw down).
Luckily the vender had put the paper work through last year for adverse possession (squatters rights).
The field owner had 6 months to dispute it ,once the 6 months was up the maps folio was corrected within a day or too.
We had to wait 8 weeks for this to all pan out.
Although our Solicitor did say they had gone about it a long winded way so there could be other options.

vinnie_cork

Thank you, hopefully fact my boundary is showing more means its actually surrendering land to neighbour. Assuming this would mean my vendors solicitor has to contact land registry and maybe neighbour saying they are giving this section of 1930s folio away. Neighbour hardly going to object to getting full ownership of their shed.

Have you looked on landdirect.ie ?

vinnie_cork

BrownFinger wrote: »

Have you looked on landdirect.ie ?

Yes, I actually have a user access but due to the lack of property turnover in that area (a good sign that people like living there) there is nothing showing as digitised online. The vendor bought in 1971 and before that it had been the person whom built in 1930. The 2017 change of title from lease to freehold was only finalised in April 2019!!! so not showing online yet.