Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

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

13

Answers

  • #62
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,563 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/122502167#Comment_122502167

    as long as you bought what’s on that map your good to go. You’ll get no recourse from anyone.



  • #63
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,563 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/122502054#Comment_122502054

    Deeds are nothing new. They won’t show the dimensions either. You bought what you viewed at the time of viewing unfortunately.



  • #64
    miresica
    Registered Users Posts: 58 ✭✭miresica


    I understand. Someone has to know the dimensions. Thanks so much for advising. I will continue to look after as this is something that i must know, not only for now but for the future as well. If i d sell the house, what do i sell?



  • #65
    This is it
    Registered Users, Registered Users 2 Posts: 5,558 ✭✭✭This is it


    https://www.boards.ie/discussion/comment/122503368#Comment_122503368

    Sell what you bought.



  • #66
    muffler
    Registered Users, Registered Users 2 Posts: 46,183 ✭✭✭✭muffler


    https://www.boards.ie/discussion/comment/122503368#Comment_122503368

    You measure off the folio map which as you have acknowledged is not conclusive but its the best you or anyone else is going to get.



  • Advertisement
  • #67
    kaymin
    Registered Users Posts: 1,532 ✭✭✭kaymin


    https://www.boards.ie/discussion/comment/122503368#Comment_122503368

    What part of the land per the folio do you think you're missing? Folio map looks straight forward to check - I presume the actual walls / fences each side of the house are straight as per the folio map



  • #68
    miresica
    Registered Users Posts: 58 ✭✭miresica


    no, they are not. The far right corner angle is much tighter and the longest wall is more of an arch than straight. The both walls were rebuilt by neighbours between may 2020 and nov 2020 when the house was empty.



  • #69
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,563 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/122503368#Comment_122503368

    Go out the back garden and measure it. Thats the dimensions.

    If you sell the house, you do nothing. The next buyer will buy exactly what you bought. You are over complicating it and over thinking it.



  • #70
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,563 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/122503934#Comment_122503934

    Again, post a picture from the back bedroom window and we can at least visually compare it to the folio map.



  • #71
    Rows Grower
    Registered Users, Registered Users 2 Posts: 8,169 ✭✭✭Rows Grower


    https://www.boards.ie/discussion/comment/122503942#Comment_122503942

    To be honest I think you and some others are being rather flippant towards the OP.

    If someone built a wall on someone else's property then they are in the wrong and it needs to be demolished and the garden they built on made good again.

    "Very soon we are going to Mars. You wouldn't have been going to Mars if my opponent won, that I can tell you. You wouldn't even be thinking about it."

    Donald Trump, March 13th 2018.



  • Advertisement
  • #72
    looksee
    Registered Users, Registered Users 2 Posts: 28,619 ✭✭✭✭looksee


    I don't think I have ever heard of anyone querying the precise size of an estate house plot. At the time of purchase you buy what you see. When you move on the next purchaser buys what they see. Its quite possible that no-one on the estate knows exactly what the size of their plot is, it doesn't matter, they bought what they saw.

    Builders' plans are notoriously vague, you are not going to get the garden shape or size changed, you accepted what you saw when you bought the house. While individual house plots show the plot as going to the middle of the road, this does not seem to apply to estate house.



  • #73
    Dav010
    Registered Users, Registered Users 2 Posts: 14,639 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/122504014#Comment_122504014

    TBF, the info is a bit patchy and the reference to the planning is a bit misleading considering that was an issue to be dealt with by the initial buyer.

    The op should have had a survey of the site before buying, it’s the same property now as the op viewed/bought so the time to rectify the issue may well have passed. It really depends on the contract of sale, and what land was included. For that, the op needs to go back to his/her solicitor.



  • #74
    miresica
    Registered Users Posts: 58 ✭✭miresica


    i am at the opinion that at the time of buying, regarding dimensions you are buying what the folio says. If not, did i pay for a part of the plot that my neighbour uses????



  • #75
    miresica
    Registered Users Posts: 58 ✭✭miresica


    thank you. Got in touch with the solicitor today. I told her all the story that i just found out and she told me that she wasnt informed that the previous owner allowed the neighbour to build on the property and that I have purchased the folio - which is the same as 2004



  • #76
    looksee
    Registered Users, Registered Users 2 Posts: 28,619 ✭✭✭✭looksee


    No, you paid for the plot that you saw when you bought the house. You don't buy estate house plots by the sq metre, in the vast majority of cases you just buy the plot.

    If you bought a house and, between your purchase and moving in, a neighbour took out the party fence and rebuilt it giving themselves an extra half metre wide strip of your garden, then you would have a case, but this is not what happened. The fences are the way they were when you purchased, the land registry is not going to show a 2 inch difference, so you would be at nothing trying to quibble about that.

    What do you want to happen about this? The person who sold to you is not going to do some sort of complex maths and give you money back. No-one is going to give you a bit of their garden to make up for what you claim to be missing. The next person who buys from you is going to buy the plot as they see it. So what do you hope to achieve?



  • #77
    kaymin
    Registered Users Posts: 1,532 ✭✭✭kaymin


    https://www.boards.ie/discussion/comment/122504066#Comment_122504066

    That's not true. You buy what's on the folio though the surveyor should have picked up on the fact that the walls and fences weren't built on the correct boundary line. AFAIK the OP is legally entitled to the land per the folio - his name is on it in the land registry



  • #78
    miresica
    Registered Users Posts: 58 ✭✭miresica


    i need to know what I bought and confront it with what it is. The 2 inches are not only 2 inches…if the previous owner gave away a oart of the plot why didnt he change the folio??? And then sell the house. He was aware that the folio that he sold me is not the right one



  • #79
    muffler
    Registered Users, Registered Users 2 Posts: 46,183 ✭✭✭✭muffler


    https://www.boards.ie/discussion/comment/122504198#Comment_122504198

    You keep saying 2 inches and then its not 2 inches. Which is it? The folio map shows straight boundaries so have you measured how much your neighbour has encroached? Have you a copy of the agreement between your neighbour and the previous owner of your house / gardens? Have you employed a surveyor to check whats missing from the boundaries shown on the folio map?



  • #80
    Rows Grower
    Registered Users, Registered Users 2 Posts: 8,169 ✭✭✭Rows Grower


    https://www.boards.ie/discussion/comment/122504282#Comment_122504282

    The poster literally said in the post you quoted the 2 inches are not only 2 inches.

    Earlier it was stated it was nearer to a meter.

    "Very soon we are going to Mars. You wouldn't have been going to Mars if my opponent won, that I can tell you. You wouldn't even be thinking about it."

    Donald Trump, March 13th 2018.



  • #81
    miresica
    Registered Users Posts: 58 ✭✭miresica


    in touch with the surveyor, the agreement between previous owner and the neighbour is shown in the neighbours planning permission application. I can measure as much as i want… as i have nothing to compare with



  • Advertisement
  • #82
    Dav010
    Registered Users, Registered Users 2 Posts: 14,639 ✭✭✭✭Dav010


    Head wreck.



  • #83
    ongarite
    Registered Users, Registered Users 2 Posts: 8,268 ✭✭✭ongarite


    Your drip drip of information is head wrecking & hindering any useful help you may get here.

    Instead of a game of internet charades, could you outline the timeline of house purchase, disputed wall boundary changes, folio & solicitor involvement & any other information that's you haven't mentioned yet.



  • #84
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,563 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/122504014#Comment_122504014

    TBH, none of us have enough info to make a proper judgement. The OP bought a house in an estate. With defined boundaries etc

    And are now basing something on a planning drawing from 20 years ago.

    If my flippancy is a reality check for the OP then I don’t mind being the bearer of bad news.



  • #85
    kaymin
    Registered Users Posts: 1,532 ✭✭✭kaymin


    Good article on this topic here:

    https://www.farmersjournal.ie/finance/consumer/legal-how-can-i-make-land-direct-correct-the-boundaries-811154

    Whilst the folios provide conclusive evidence of legal ownership, the land registry maps are inconclusive. The actual boundaries are determined by the land owners per the folio and can go to court in the event of disputes. The neighbour will likely have acquired squatter rights if no-one objected to their re-positioning of the boundary by way of a fence or wall in 12 years or more.



  • #86
    Mellor
    Registered Users, Registered Users 2 Posts: 39,457 ✭✭✭✭Mellor


    https://www.boards.ie/discussion/comment/122504014#Comment_122504014

    I agree that we should disregard a portion of his property being commandeered by a neighbour.
    But the OP hasn't shown anything that backs up the claim it should be 15sqm bigger.

    If the folio shows a site 15sqm bigger, then the garden should be bigger and could be rectified.
    But on the other hand but without evidence to the contrary it should probably be assume the folio match the site.

    Something that OP is failing to consider is that the walls were in the wrong place and the adjustment was to align to the folio. That's probably far more likely than the previous owner just gave away some garden.



  • #87
    Mellor
    Registered Users, Registered Users 2 Posts: 39,457 ✭✭✭✭Mellor


    https://www.boards.ie/discussion/comment/122504080#Comment_122504080

    Well you bought the house and site that you viewed. You seen it at the time and agreed a price. You were not expectign anything else.
    What you are really asking is "does the land that was transferred to me include a strip of the neighbours garden". If it does you are entitled to it. But there isn't enough info to answer with any certainty.

    I've pointed out repeatedly that the folio is the relevant drawing not the planning map (which has nothing to do with any sale of the house). So with that in mind, why do you think 15sqm of your garden is missing? You have measured the garden, but haven't said how this relates to the folio.

    The relevant information is;

    • The folio map (to scale not an unscaled screenshot)
    • The actual garden dimensions.
    • The planning applications, and the modifications that were made to the boundary

    If those details were know it would be crystal clear. But all you've provided is a vague "the planning permission says should be 106 sqm". I can understand the bind between a clear answer and retaining your privacy. But really heard to help without that info.



  • #88
    miresica
    Registered Users Posts: 58 ✭✭miresica


    https://www.boards.ie/discussion/comment/122504960#Comment_122504960

    OMG…So you are saying that the previous owner was in wrong having his walls on neighbors property?

    This is not the case…definitely….the neighbor raised the wall, no council permission, i buy the house and start questioning the neighbor with regards to the wall and the most of 1 meter x11 meters cement poured in my garden along the wall, he admits that he poured the cement in my garden and if i touch it the wall will fall. I bring in a surveyor that advises that the wall was built wrong and there is a health and safety issue with the cement as it is very high. what the neighbour does: applies for planning permission, this is the mom when the letter from previous owner appears saying that he s allowing the neighbour to build 2 inches on his land. f…the 2 inches (which is way more) what about of 11 meters of cement that i cant touch? i have asked around and it seems that the neighbour poured the wall foundation and pillars only on my land, this is the reason that he needed another 11 meters). This is what I need to fix, and I will.

    Many thanks,



  • #89
    AhhHere
    Registered Users Posts: 357 ✭✭AhhHere


    Can you share a picture



  • #90
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,563 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/122504994#Comment_122504994

    I’ve asked countless times. But no reply.



  • Advertisement
Advertisement