No boundary wall at back of the garden - do I need a surveyor to establish boundary?

D

Dublin3124

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Hi,

I bought a house just before Christmas and the back garden has no boundary wall and I would like to get one built. My problem is that I have no way of knowing exactly where the boundary wall at the back of the garden should be built.

I could go by what the estate agent told me but I would like to check it out myself. If the estate agent is correct then there is a good gap between my back garden and the one on the opposite side of me - no mans land - can I take this over? (there is a three stump in "no mans land"). My neighbours on both sides have taken it over.

If I took it over would anyone complain?

Can anyone tell me who I need to take a look at this. Do I need a surveyor or should I contact Dublin City Council?

Thanks :)
 
"My neighbours on both sides have taken it over."

Have the ppl at your back a solid boundary fence or wall?

If it'll cause no trouble, then try maintaining the area up to it and see what happens!. Go with the status quo.

I know ppl will say I'm telling him to seize it but if he approaches the ppl at the back it could end up messy, solicitors, rows........................

So softly softly catchee monkey. ;)
 
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I'd do the same .... put up some fencing (don't go to too much expense - in case).

If all the others around you have a natural boundary made around you I'd take the chance.
 
Hi,

The people at the back of me have a solid boundary wall. I was going to get a wall built but think I might go with fencing if its cheaper.

I have been maintaining the area.

I think I would prefer to find out the correct boundary and stick to it as i'm new to the neighbourhood and all that. Have already had problems with one of my neighbours. Complaining about the smell of paint when I was doing up the house, and asking me to turn my TV down (it was 9.30 in the evening and I was just watching a movie). I do feel that if I was a guy he would not have been so rude.

Anyone know how I could check the boundary. Do I get a surveyor in?

Many thanks for the replies. :)
 
Ring your bank. They'd have surveyors on their books. Get a list of names and ring around for quotes.

Get a copy of your Folio so that the surveyor will reference his/her measurements from.

Your solicitor should have a copy of this if you don't.
 
A similar situation arose in my area where the sides of first houses of the various roads overlooked a strip of "common area". They didn't have control over this area but given its proximity to their own properties, it generally fell to them to maintain it in terms of cutting the grass, etc.

A couple of houses planted cheap quick growing hedging on the perimter of the area (i.e. where it met the footpath) which was in effect a statement of intent. No body cared and fast forward 15 yers, the hdege has become their new boundary and they've removed the original one.

The coucil don't seem to care because they ddn't maintain the area anyway and the houses concerned now have bigger gardens. It's made no differnce to neighbouring houses.

You could go the long route of contacting the housing authority but frankly I doubt they'd thank you for forcing them to address the matter.
 
Establishing rights over a piece of land may be affected by the Land Conveyancing Law Reform Act 2009, which is referred to with references in this thread on AAM.

I'm not sure about how the detail of this Act and its interpretation by Judges may affect such issues as Adverse Possession, which is what seems to be being discussed in this current thread.
The implication seems to be that unless established or claimed rights are registered with the PRAI, they may fall away.

So do not proceed in an ad hoc manner assuming you will establish rights - you may, and you may actually establish nothing, and this may be a material issue when you come to sell your house.
You may have bought with an indeterminate title or boundary issue, but a prospective purchaser may decide this is not for him and demand good title.

If you are seeking a surveyor, he should be chartered and it may be advisable to discuss matters with your neighbours to the rear and side.
This may afford you a means of reducing overall cost both for the surveyor and the solicitor you may need as well.

Also it will either help avoid or else flush out disagreeable neighbours who may wish to object.
It will be less costly dealing with same before the formal process gets underway.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
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