Boundary Wall Position???

[kaza]

......

 

[mathepac]

... Or would we need to get someone out to survey the garden and for them to determine where the boundary should go?

Yes provided you and the neighbour agree to be bound by the outcome of the survey.

 

[kaza]

So does the boundary that is on the ordinance survey maps at the land registry have no legal standing?

 

[mathepac]

If you and your neighbour looking at the same map are reaching different conclusions, you may need an arbitrator.

 

[record]

So does what is stated on the land registry map with the wall going straight mean that is definitely where the boundary is? Or would we need to get someone out to survey the garden and for them to determine where the boundary should go?

I was in a similar situation recently where I was building a boundary wall between us and the neighbour. I understand that the situation regarding Land Registry maps is that the map shows the location of the property but is not conclusive in relation to boundaries. This means that the red line on the land registry map showing your boundary is just an indication of where it actually is. As far as I could gather, other physical features (e.g. long-standing hedgerow, wall, etc.) may take precedence over the precise location of the boundary line on the map. (See here for more info: http://www.citizensinformation.ie/categories/housing/owning-a-home/buying-a-home/property_deeds )

I really don't want to fall out with the neighbour over this - because he's the hot headed type he would kick up a fuss about this. Which is fair enough because he thinks it's his garden but we think it's ours.

Given what you say, I would strongly urge you to agree with your neighbour to have a surveyor / engineer, etc. to come and assess the site, using the Land Registry map as a starting point. This can be obtained from the Land Registry office for about €25, it takes about a week to arrive. Agree everything with the neighbour before any work starts (ideally, give him a copy of the land registry map showing where you propose to build the wall, keeping a copy of this correspondence for your own records.)

I'd be interested to hear how you get on, best of luck with it.

 

[kaza]

.....

 

[record]

Record - did you have to get a surveyor out to resolve your issue? If so do you mind telling me their approximate cost?
Thanks again!

Yes, we shared the cost of a surveyor. It cost €100 (€50 each). I have to say though, even with the surveyor there, it was still a case of just agreeing with the neighbour where the boundary was. All the surveyor could do was determine where on the ground the red line from the map would be by measuring from various points. As said previously though, this boundary line from the map is only indicative.

 

[bullworth]

So does the boundary that is on the ordinance survey maps at the land registry have no legal standing?

I have that question too. Is it not legally written down in black and white as to who owns each square metre of land ?

If you had the wrong boundary wall in place then wouldnt it cause difficulties if either you or your neighbour wanted to sell on your houses in future during the due diligence required for conveyancing ? A house with uncertain title seems like a hard thing to sell for both you and your neighbour. You should find this out legally and establish a good case for your neighbour accepting the legal position as it is in his own best interests if he wants to sell the house on in future.

 

[sligo camper]

...just as an aside, if and when you do agree with your neighbour about boundary position and discussion starts about sharing the cost of the boundary wall / fence... get the quote and the agreement to share costs in writing. My experience many years ago was to get a verbal agreement to go 'halvers' with my neighbour. I engaged the builder and never say a rex for the build from the neighbour after...

but then again, revenge is sweet...... she has lovely neighbours now when I moved out