Issue with Folio! Rectification of Boundary?

dubdub123

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Hi, I've been planning for some time to put my home in the west of Ireland on the market . Had auctioneer around to value the other day and he noticed an issue with the Folio. Apparently part of the property is still under another folio (belonging to the dad of the person we bought from).
I had quick call with a local engineer and appears to be an issue alright . REctification of Boundary was mentioned to me.
Can anyone please highlight the steps to have this completed? I believe the person who owns the folio has to sign something. Who draws this up?
I've left message with my solicitor and awaiting feedback so any pointers really appreciated !! Hoping this can be resolved and sorted without too much of an ordeal.
 
This happened us a couple of years ago when we were selling. A small chunk of land where trees were planted at the far end of the back garden were still under the original land sellers folio. Funny because it got missed twice, first when the land/house was originally sold, then again when the homeowner who sold us the house. Thankfully for us, the original seller lived two doors down from us, so we chatted through it, and he seen it right away and had no issues with it. He did go to his solicitor to get it looked at properly, and when agreed, our solicitor chatted with their solicitor and sorted it out - yes, the original seller (who technically owned the piece) had to sign something putting it in our name. From memory, I think it cost €150, basically the other solicitors fee for getting the folio checked & new paperwork.
 
OK great thanks , that is very reassuring. I'm trying to get in touch with the person who sold the house to us as he built on family land and I believe the folio is in his parents name. I'm hoping it's all as straightforward as your experience to be honest. can do without any additional stress and just hoping to get it sorted soon. thanks so much for your info.
 
This happened with my parents home some years ago.

It appears that all folio maps were digitised some years ago, and that this process created issues like this, perhaps due to lack of detail in original maps or just plain carelessness. Either way the digitised map is definitive.

My parents had to get all 5 children of the deceased owner of the neighbouring folio to sign. 4 were cooperative 1 was reluctant. It looked like being a major issue until my parents solicitor noticed that while their site was in the neighbouring folio at the rear, part of the neighbouring site was in my parents folio at the front. A boundary that ran diagonally from the road in reality was shown running at right angles to the road on the map. This prompted the hold out to sign up.

If your neighbour is cooperative rectification may be straightforward, but you will probably have to pay their solicitors fees. You are the one who is anxious to get this done.
 
thanks @cremeegg I would imagine these situations can get pretty messy and drawn out.. I've made contact with the person who sold the property and the time and he's agreeing that it's just an error and the boundary needs to be updated to match physical boundary. I've now been onto my solicitor (to draw up the deed) and surveyor (to draw up the map)... I'm hoping then once they are sent , there will be no delays.. It could well have been an error introduced when the maps were digitised.. I've been told this issue is pretty common. Hopefully all will be resolved reasonably quickly, however it's going to be an expense I hadn't budgeted for but I'll just pay what's needed to resolve . Not sure if the other family will need a solicitor as they may just have a family member, but if they need that I'd have to pay alright to move things along.
thanks all for the input.. a definitely stressor when I first heard, but it's looking positive that it will get sorted. fingers crossed.
 
Unfortunately you can't sell it without fixing it...at least you're seeing it now. When we sold, we didn't know about it until buyers surveyor picked it up somehow, so we had to double time it to get it sorted! Take it as being part of the selling expenses. Everything that comes up when selling is stressful. Buying is easy, selling not so much!
 
What is the master record for a property outline?

We are based in Dublin, i have seen ordnance survey map of our boundary. It has a nodge off a corner. This belonged to our property (before we moved in), given to lane a few decades ago.

If this was not done "officially" is it potentially still ours to "reclaim"? Its about a metre wide and 3 metres long. Refurb job planned and would be very handy to have. Wondering how I go about establishing if its ours and if so, do I need to do anything before using it?
 
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