landdirect map inaccurate?

leeoc91

Hi all,

Me and my girlfriend are in the process of designing/building a house. She has a site her Dad bought in approx 2010 (he's sadly passed away since) so it's in her mother's name currently and transfer of ownership is in progress.

When I looked up the site on landdirect.ie there is an inaccuracy where the border line goes through part of the existing building which is on the site. This is a problem since we're planning on refurbishing this building and is a crucial part of the planning process.

I have another site map which was professionally done in 2013 which is the accurate one which shows the border going around the existing building. Below is a screenshot with landdirect on the left and the other on the right:

You can see the issue with landdirect not being accurate as to the entier building being on our site.

I need to get it rectified and was wondering how I should approach doing so. There is limited information online. I did see another user post on here saying they purchased a physical copy from landdirect and marked on the map where the border should be and they will amend it: landdirect and certified copy folio with map — boards.ie - Now Ye're Talkin'

I was wondering if anyone else has been in a similar situation and can advise on the best way of approaching this?

Thanks!

RichardAnd

I used to work in the PRA, but it was a long time ago. Things like this did happen sometimes, and it required amending the records to set it right. As I recall, most of these requests were handled through solicitors, so I would start there.

Jim_Hodge

Have your solicitor handle it as part of the transfer of ownership.

mickdw

Yes, solicitor will request that you get an Engineer to mark up a map regarding the area to be rectified.

How they then handle it with PRAI depends on the circumstances.

If this boundary is clearly at odds with a previous registered boundary and has only come about due to digitisation of the maps, prai may do with correction without issue.

If it has been registered like this when purchased, it may be a case that the adjoining landowner would be asked to sign for the Rectification.

divillybit

It's a boundary rectification application you'd need to lodge. It can be a personal application or through a solicitor. The adjoining land owner(s) must consent to the rectification of the boundary. A land direct compliant map must be downloaded, the correct boundary marked in red and labelled "a". All parties must sign the map. An 'engineer' isint needed to sign the map. The deed of transfer is usually a modified form 19. All parties must sign the deed and an independent party must witness the signatures, doesent need to be a solicitor. If it's lodged as a personal application a personal applicant identification form must be lodged with a form 17, then the modified form 19 deed of transfer, the original land registry compliant map and a cheque or postal order with the required fee. All forms are available from the land direct. Ie website. Ensure Folio numbers are correct, signatures are legible, address of witnesses is stated. If the application is not in order it will be rejected.

mickdw

https://www.boards.ie/discussion/comment/122789688#Comment_122789688

I think it would be foolish in the extreme to do this without Engineer.

I wasn't even aware that they will accept maps that are not prepared by Engineer.

divillybit

The maps must be land direct original maps, if it's an A3 size and is scanned and reduced to an a4 size it will rejected as the coordinates won't be correct.

An engineer doesent need to sign the map, as long as both registered owners sign it and they agree that the new Folio boundary is correct and marked "a" is will be accepted. A engineer will sign it and charge a few hundred for the privilege but it's not a requirement of Tailte Eireann.

mickdw

Interesting.

I've done hundreds of land transfer maps and I wasn't away that any alterations would be accepted without professional sign off.

divillybit

If its a boundary amendment then the registered owners of the folios whose boundaries are being amended will sign the deed and it's good practice for them to sign the map too. An engineer doesent need to or at least it's not required by the land registry.The engineer may be needed to mark out the size of the plot if it's to be 1 hectare for example being transferred from a father to a son or daughter for a site but the size of Folio plans are usually removed from the Folio description as plan areas are not definitive (land registration rule no. 8). If the application is lodged by a solicitor the lodging party will becked to verify they are a practicing solicitor or firm.