Garden measurement's do not match the reality by 15 sq m

Check land registry

landdirect.ie

Where did you measure from? Mine is from the middle of the road!

To be honest, it is only the overall site layout area that is required to correspond with what is registered.

I carry out pre purchase surveys and I would only be checking boundary on the ground versus registered boundary as well as checking the planning site layout to ensure it corresponds with overall plot. An actual Garden area is not something I've ever checked and tbh rarely seen recorded on a drawing.

Oh I agree with all that as I've done a load of them myself over the years and never was asked to state the area of a front or rear garden. However I have, just like yourself, been asked to confirm the area of the overall plot on a few occasions and confirm that the house position complies with the planning layout. If there is a difference in the position of the house then its easy to see and confirm where a bit of garden was lost or gained.

I suppose the real question is, have you got the plot you thought you were buying? Never mind how much of it is given over to a garden; does the total area of the plot correspond to the area you thought you were buying?

If the answer to that is "no" then you haved a much bigger beef than the size of your garden. You should be looking at suing the surveyor you engaged at the time of the purchase, since this is something he should have spotted.

If the answer is "yes", then the position seems to be this: the planning permission stipulated that 106 sq m of your plot should be used as a garden, and in fact only 94.5 sq m is being so used. You can fix this yourself by increasing the size of your garden though this obviously will require a corresponding reduction in the area of the plot that is used for other purposes. Plus, you will need to make sure that you don't fix it in a way that involves a breach of some other planning condition.

If it's impossible to fix in a way that doesn't breach some planning requirement then the problem lies with the planning permission; it imposes a set of conditions that are, taken together, impossible to comply with. But, honestly, it's not very likely that this is the case.

No . You're too late . You did not buy from the planning permission you bought what you saw. And you were happy with what you saw. Let it go!

I wouldn't sign anything unless I was sure, but I wouldn't argue over a few inches to maintain friendly relations.

To your original point, there's nothing you can do.

The house is built and the garden size wasn't raised as an issue when you bought it.

I don't know what remediation you may ask for. The builder isn't liable since the house is standing 20 years at this stage and the previous owner is gone too. There's no way to recover anything financially and it's not like you can take land from your neighbours. Even if the land registry doesn't match with your boundaries, I don't think you can do anything.

How so?

You can always tell your neighbour to move the fence back, whatever agreement he had with the previous owner is not relevant. You own what the folio says you own, end of story.

Land registry in Ireland operate a non conclusive boundary system. It is specifically this way so that land registry won't get involved in identifying a boundary on the ground.

A surveyor is not going to identify a boundary down to 2 inches unless there are existing features on the ground.

I will say it again. Your overall plot size is the measurement to concern yourself with. If this adds up, all is good.

If there is a genuine encroachment at the neighbours boundary, it is worth looking at.

What does the planning say exactly?
Check your numbers, as the 106 crs 94.5 is not 15sqm.

What papers do you think they didn't check? You are purchasing the deeds not the planning permission.
Was a statement of compliance with planning provided?

The planning permission has nothing to do with what was sold. Certainly not to you. If the previous owner sole some of his garden, he is entitled to do that.

At first, part of your garden was "missing" and now it's actually your neighbour who has taken part of your land? Pretty important piece of information to have left out.

In that scenario, what the seller originally purchased isn't relevant. If you bought the car with 3 wheels and you had the opportunity to survey the number of wheels but didnt, the problem is yours alone as purchaser. There would be no come back in that scenario.