House Boundary

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donegalchick

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Im buying a house, but I’ve seen the original plans and our garden wall is outside the boundary line right beside the shore. It seems that part belongs to the ministry of agriculture and fisheries. How do I find out if there is a time scale for them to claim it or will I have to move my wall. Any advice is greatly appreciated.
 
You would need to claim adverse possession, I don't know whether that would succeed in the case of shoreline, your solicitor may be able to guid on that. It might be worth engaging a chartered surveyor who can confirm the maps and actual boundary.

Is your solicitor aware of the discrepancy? In most cases they would advise that the current owner should resolve this before the purchase is concluded.
 
It’s a tricky one, the plans definitely show the area and that the wall was built beyond the boundary line. No one has ever knocked at the door to say it’s ours and we want it back, but I’m sure they could. The solicitor knows about it but doesn’t seem bothered as no one ever came knocking, as I said they could and I’d lose a big chunk of the garden.
 
Inland Waterways ownership of foreshores is set out in legislation, so they could come looking to enforce that at any time. Your solicitor will likely be more familiar with the area and how likely that is.
 
If the wall had to be moved would the smaller plot change your decision to buy ? If not then let sleepy dogs lie.
 
Is there anyway where that’s published? To see if they still own that piece of land or has it got one of the 12 year rule things?
Leo said:
Inland Waterways ownership of foreshores is set out in legislation, so they could come looking to enforce that at any time. Your solicitor will likely be more familiar with the area and how likely that is.
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it’s not inland it’s on the sea shore
 
donegalchick said:
Is there anyway where that’s published? To see if they still own that piece of land or has it got one of the 12 year rule things?

it’s not inland it’s on the sea shore
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Same applies, ownership is in state hands.
 
donegalchick said:
There doesn’t seem to be a way around it. Even if I did buy it now, I’d have trouble selling it on with this problem .
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The only ways around it are to accept the risk and buy the property, or to move on and find somewhere else. You can't buy the shoreline, so there's always a risk the authorities might seek to have the wall removed, but your solicitor may well be right in saying the risk is low.
 
If it is that close to the shore line there may be risks of flooding/rising tides/erosion in years to come.
 
donegalchick said:
our garden wall is outside the boundary line right beside the shore.
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Are you purchasing with a mortgage?

Boundary issues like this often get flagged by mortgage lenders. I knew of one issue of boundaries on the ground eating into a few metres of the neighbour's land as per land registry maps. It needed engineers' reports and land registry adjustments and despite a really co-operative neighbour it still took ten months.

If you are paying cash it's at your own risk but your solicitor should flag it to you.
 
You say the wall is beyond the boundary, but are you not just buying the property within the boundary? Whatever happens outside that is irrelevant to the purchase. Two other points:

For state land adverse possession is either 30 or 32 years, can't remember which.
If the wall is within a Natura 2000 (SAC or SPA) site you are almost certain to be denied retention if you ever wanted to regularise it.
 
Does the tide come all the way in as far as the wall or is the wall on a strip of land?
What is the distance between the wall and the map boundary?
The map may be based on historic high tide levels as the State owns all the foreshore up to the high tide limit?

If you want, you can put a boundary fence on the map boundary limit but the existing wall could be good enough depending on the measurements involved e.g. 1-2 meters

Foreshore: Your questions answered

www.gov.ie www.gov.ie

What the foreshore is​

The foreshore of Ireland is classed as the land and seabed between the high water of ordinary or medium tides (shown HWM on Ordnance Survey maps) and the twelve-mile limit (12 nautical miles equals approximately 22.24 kilometers). Foreshore also covers tidal areas of rivers particularly estuaries.

Who owns the foreshore​

All the foreshore of Ireland is presumed to be owned by the State unless valid alternative title is provided.
 
Does the title deed map show the property boundary is along the High Water Mark? If, because of natural deposition by the sea, the HWM has moved seaward, that land is no longer foreshore and there should be no issue of the State trying to claim it. If the HWM has moved because someone has deposited material there then it is "reclaimed foreshore" and there could be an issue. If material was deposited there without permission then that would be an offence.
 
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