Boundary issue selling my house

ilt

We are sale agreed on our property…but after all paperwork done and perfect…it now seems that there is an issue with the property right beside us…there line on land registry is overlapping into our house..the house is derelict and no ownership as no will…solicitor saying no contracts issued until rectified…the buyer is a cash buyer…am I right in saying if we agree to fix it but go ahead with sale do you think buyer will go ahead…has anyone done this…we will most certainly stand over it and see it out…just worried he will pull out

HotWaterCylinder

This happened us when buying. Old laneway right through the house.

took 6 months to rectify before we could proceed .

Tefral

I had a land boundary issue and was a cash buyer on a derelict property. I was buying it off the bank. I went to the bank and told them id deal with the boundary issue if they dropped the price by 2500 to pay for the fees etc. and they agreed to it. Maybe you could take that angle.

However, to get it moving you need an engineer to come out and draw up a land registry compliant map and send in a Deed of Rectification. The only issue with that is that you need the signature of the otherside.

Theres loads of instances where there is a well established boundary in real life, but when they digitised the maps, issues came up such as yours and ours.

It wont be solved quickly, it will take a couple of months. Most people move on with the sale once the deed of rectification is lodged to the Land Registry.

Claw Hammer

You can tell your purchaser about it and see what their attitude is. It may or may not be a game-changer for them.

DownByTheGarden

When we bought boundary issues came up the week we were going to close. Solicitors sorted it out among themselves and we still closed on time.

About 6 months later got a email from the solicitor to say that boundary issue was now sorted.

Girl Geraldine

Cash buyer so might be more wiggle room with them as you don't have a bank or lender dictating conditions as to what they will and won't allow drawdown, like planning or boundary issues.

It's not that you can't buy or sell with these, you can. It's just that banks clam up when there are unresovled complications - understandably.

But with a cash buyer, well, it all depends on the person. They might be willing to negotiate and do business with this issue, or they might be wanting it issue free, and tell you to go get it fixed or f-off.

As for whether or not he will proceed, or pull out if you go any invest time and money in fixing the issue - sure how are we supposed to know that? That all depends on him. We don't have a crystal ball into his brain.

You could say to the solicitor to talk to his client about the issue. Tell him it can be solved but will take time, and tell him that you are willing to give a few thousand off the sale price in discount if he will sign the sale contract for the property as-is, and then he can go and sort out the property boundary line issues.

These things happen all the time. They can all be sorted if the people involved are in agreement and will co-operate. But some people get very excited and get all spasmodic and excited over it.

Furze99

Maybe an affidavit from you stating that you have always had possession of area in dispute will help.

chooseusername

@ilt It might be just a mapping error, could be worth an email to landregistry.ie, have you had a look at the boundary on your landregistry map?

Also have you had a look at the neighbours folio for the name of the owner. it'll cost you 5 euro online.

DownByTheGarden

https://www.boards.ie/discussion/comment/120518598#Comment_120518598

The bank was perfectly fine with it for us.

chooseusername

https://www.boards.ie/discussion/comment/120518598#Comment_120518598

https://www.boards.ie/discussion/comment/120526374#Comment_120526374

What were the issues though, and how were they sorted?

In op's case it's a cash buyer, so bank not involved. It's the solicitor who won't issue contracts.

DownByTheGarden

https://www.boards.ie/discussion/comment/120526502#Comment_120526502

It was a line going through about 20ft of our new houses garden and through a shed.

Solicitors put their heads together and came up with aplan. Not sure exactly what it was but it involved the vendors solicitor submitting something to the land registry. 6 months later got an email saying all sorted and if i looked at it on the land registry lines are all in the right places now.

chooseusername

https://www.boards.ie/discussion/comment/120527253#Comment_120527253

So it could have been a mapping error in that case, it might be worth op contacting landregistry.ie to check. I believe there were more errors made when the maps were digitised than people realise.

Claw Hammer

To rectify a mapping error the owners of all affected folios must consent. If there is no consent there must be a court order.

Marcusm

https://www.boards.ie/discussion/comment/120527871#Comment_120527871

Won’t that depend on whether it was a digitisation error (where the creation of a digital record does not reflect the maps) as opposed to a true mapping error (where the actual maps overlap).

Claw Hammer

https://www.boards.ie/discussion/comment/120528074#Comment_120528074

The PRA will insist that all affected owners agree it is a digitisation error before they will amend.

chooseusername

Here’s an old thread on it;

https://www.boards.ie/discussion/2058183057/prai-maps-incorrect

Marcusm

https://www.boards.ie/discussion/comment/120528585#Comment_120528585

Wasn’t the case in 2008 in respect of what was clearly a digitisation error. They simply corrected it within 10 days with no need to communicate with neighbour.

Claw Hammer

https://www.boards.ie/discussion/comment/120535848#Comment_120535848

That was then, this is now!