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Boundaries

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  • 10-10-2019 6:58pm
    #1
    mtoutlemonde
    Registered Users Posts: 2,135 ✭✭✭


    Hi, so here is my story: I have planning permission to build on family lands - I have been gifted a site. The land was signed over to me in May/June. I signed end of June/early July. Today I received a letter from my own solicitor to say that although I have right of way to my site there is a portion of land that is unregistered and encroaches on my site. It also says that this will cause problems drawing down a mortgage. It also says I can change boundaries or apply to the registration authority which is expensive and would take 12 months to complete. I'm so disappointed and don't know what to do - this unregistered land is in the middle of the family farm and has been in the family for generations. The farm was signed over to my father almost twenty five years go - should this have been dealt with at the time. Any advise? Do I have to apply for planning to change the boundaries? Thanks in advance.


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    #2
    BarryD2
    Closed Accounts Posts: 4,732 ✭✭✭BarryD2


    More of a legal question I'd think? I'm sure it's not entirely unusual to have unregistered portions of land within or attached to registered plots. And considered to be such by 'owners' and neighbours for many years. The obvious short term solution is to change your site boundaries if possible so they fall on land registered to your family. Though this would mean a new planning application. Probably unwise to commence building on it until you sort it, in case the registration application goes pear shaped.


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    #3
    mtoutlemonde
    Registered Users Posts: 2,135 ✭✭✭mtoutlemonde


    BarryD2 wrote: »
    More of a legal question I'd think? I'm sure it's not entirely unusual to have unregistered portions of land within or attached to registered plots. And considered to be such by 'owners' and neighbours for many years. The obvious short term solution is to change your site boundaries if possible so they fall on land registered to your family. Though this would mean a new planning application. Probably unwise to commence building on it until you sort it, in case the registration application goes pear shaped.

    Thanks. I have to ring solicitor in the morning. It's going to be 12 weeks and more architect fees.


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