land is 0.6 acre not 0.75 which is what i bought

S

shootingstar

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Just had an engineer in today and he measured the boundary of my property. He measured it in at 0.6 of an acre. When i bought my house it was advertised as 4 bed bungalow on C 0.75 acre. I had an engineer out to look at the place at the time of purchase but only for a structural report for the mortgage.

My reason for having an engineer out today is i want to approach the farmer behind me to buy some land. It looks now like ill have to approach him for more land than i bargained for?

Is there any point in me ringing the auctioneer who sold me the house? Would it achieve anything? Bit pee`d off...
 
Re: land is 0.6 acre not 0.75 which is what i bought???

Your missing 607sq m. Did the new measurement include your 1/2 of the road and any verge between your fence and the road edge? That can be up to 500 or 600 sq m on some sites.

Auctioneer may have rounding up and you really have no comeback following signature of the contracts.

I sold a 2300sq m site which was advertised as 1/2 acre when in fact it was probably closer to .6 of an acre when you legally include the road and of course the buyer only got a 1/2 acre of usuable site.
 
Re: land is 0.6 acre not 0.75 which is what i bought???

Hi davidoco,

yes he allowed for the road and ditches (including stream) etc. He said the actual garden and path inside the fencing would bring it down relatively more. He said theres no way im on 0.75.

I was thinking then this afternoon.... I recall my solicitor saying something along the lines that it is in fact 0.8 of an acre (not sure if i dreamt that). when i buying the house and he was organising all my paper work etc he said it when i was in his office. what legal documentation would state the actual (and correct) size?
 
Re: land is 0.6 acre not 0.75 which is what i bought???

Maybe the experienced solicitors on this board would clarify that for you but my understanding is that the Deed of Transfer while containing a map does not allow for area type calculations nor do the Land Registry certify that the area in metres or acres, if marked, actually contains the area stated. They might query it if it was obviously incorrect.
 
Re: land is 0.6 acre not 0.75 which is what i bought???

"what legal documentation would state the actual (and correct) size?"

The engineers report/site map you got ( or should have got) before you signed the Contract clearly identifying the site and marking out the boundary? or the map from the Land Registry if this was already a defined site?

mf
 
Re: land is 0.6 acre not 0.75 which is what i bought???

SIZE MISSTATEMENT COSTS €350,000 - The Irish Times reports that a businessman who discovered after he paid €2.3m for a commercial property in Dublin, that it was 20%, or 1,800 sq. ft. smaller than it had been described in the auctioneer's brochure.


http://www.rte.ie/business/2007/0125/presswatch.html
 
Re: land is 0.6 acre not 0.75 which is what i bought???

Unfortunately it is a Caveat Emptor. Site boundary is as per map attached to Deed of transfer. Get copy Folio/Purchase deed from your solicitor and check "Schedule" which should state actual square footage of what is transferred.

Generally in buying a site, advice is to get boundaries checked before signing the Contract
 
Yes. the bounries should have been defined on the site map and the auctioneer has no liability in this matter. This is quite a common practice in house sales. The auctioneer odes not measure the site and takes the word of the vendor when advertising. It is always important to get all of these things fully checked before signing final contracts.
 
surely if the mistake is beyond a certain % then the Property Misdiscriptions Act or Estate Agents act would come into play
 
shootingstar said:
When i bought my house it was advertised as 4 bed bungalow on C 0.75 acre.
Click to expand...

That "C" stands for "circa", or "about". You probably don't have a case as no one claimed it to be an exact measurement.
 
extopia said:
That "C" stands for "circa", or "about". You probably don't have a case as no one claimed it to be an exact measurement.
Click to expand...

your right about this. I checked into it and apprently the "c." means the auctioneers are not tied to that exact spec!!!!!!! I havent gone fully into this as ive been up to my tonsils with work this week but i plan on getting into the nitty gritty of it over the weekend.

thanks for all the advise everyone (have printed it off to read over the weekend)

*ss* x x x
 
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