“On an outlying farm, my father purchased 100m strip of my neighbour’s field, so that he could move his cattle from one part of the farm to the other without going on to the busy county road. This was done legally through surveyors and solicitors and registered with the land registry. It was a rough derelict part of the field and had been fenced off for about 20 years. The land owner has since passed away and a new farmer has taken over and now says that this parcel of land is on his new digital land registry folio map and is not willing to change it. I have checked this out with the Property Registration Authority of Ireland (PRAI) and they will only change it by consent or court order. Is this right? I have been told that this is a common problem with the new digital maps.”
The PRAI is the registering authority in relation to property in Ireland. The title shown on the folio is guaranteed by the State, which is bound to indemnify any person who suffers loss through a mistake made by the Land Registry. However, it is important to note that the registry map identifies properties not boundaries and provides ‘‘that the description of the land on the registry map shall not be conclusive as to the boundaries or extent of the land’’. Therefore, the precise line of the property boundary is undetermined. This is the general boundary rule, which means that the title to registered property is qualified in that the state guarantee does not extend to boundaries.
The Land Registry in 2005 announced that all existing paper-based maps would be converted into electronic form over a five-year period, in the digital mapping project. In August 2010, the mapping project was completed, with all 26 counties fully digitised.
While the digital mapping project now provides easy access to data, landowners cannot take new digitised Property Registration Authority boundaries at face value, as the system is known as a non-conclusive boundary system.
The non-conclusive boundary system will not indicate whether a title boundary includes a hedge or wall and ditch or runs along the centre of a wall or fence or runs along its inner or outer face or how far it runs within or without it or whether or not the land registered includes the whole or any portion of an adjoining road or stream. Responsibility for the accuracy of the areas and boundaries given in documents lodged rests with the applicant.
Contract for sale
Given the non-conclusive boundary system, it is critical to ensure that the map of the property being purchased accurately reflects the property on the ground at contract stage.
The standard Law Society contract for sale provides that the purchaser shall accept such evidence of identity as may be gathered from the descriptions in the documents of title. While the general conditions of sale provide that the vendor is obliged to furnish such information as is in his possession relative to the identity and extent of the property being purchased, he is not required to define exact boundaries, fences, ditches, hedges or walls or to specify which (if any) of the same are held with adjoining owners nor shall he be required to identify parts of the property being purchased held under different titles.
Therefore, it would be important to review the contract and deed together with map furnished to the Land Registry to determine whether the map lodged was incorrectly marked or whether the Land Registry incorrectly registered the deed and map lodged.
Surveyor’s report
To ensure that the mapped locations of boundaries and rights submitted for registration reflect the applicant’s intentions, it is recommended that:
The locations of boundary corners, rights of way, pipelines, etc, be unambiguously defined and clearly marked on the ground before survey for registration is carried out.Maps submitted for registration be prepared and certified by competent land surveyors. This may require a prospective purchaser to engage a surveyor specialising in boundary disputes to survey the land, check deeds and the plans attached to them and to refer to historical documents and aerial photographs in preparing the map to be attached to the deed transferring the land.Rectification of errors and compensation claims
When it is noticed that an error has been made either in the register or the land registry map, this should be brought to the attention of the Land Registry immediately who will examine the matter.
Rectification of the error can be effected by consent of the parties, by deed of rectification, transfer, etc.
The Land Registry may rectify the error after giving such notices to the affected parties if they are of the opinion that the error can be rectified without loss to any person. Where an error cannot be rectified by consent, it may be that it may be rectified by the court.
The party suffering loss for the error may file a formal application for compensation to the Land Registry as prescribed in Form 98 of the Land Registration Rules, 2012. The loss must be proved.
The procedure in relating such claims is prescribed in rules 184 and 185 of the
Land Registration Rules
2012.
Adverse possession
I note that you mention that the area in dispute has been fenced off for over 20 years. As a result, it may be possible to have your interest in the land registered by making a claim for adverse possession assuming that you have been using this land exclusively for your own use and without objection from the adjoining owner for in excess of 12 years.
If you are required to bring a court case in order to establish your title to the property and if you are successful in same, it is likely that a costs order maybe awarded against the adjoining owner which risk may force the adjoining owner to resolve the dispute without recourse to the courts.
“On an outlying farm, my father purchased 100m strip of my neighbour’s field, so that he could move his cattle from one part of the farm to the other without going on to the busy county road. This was done legally through surveyors and solicitors and registered with the land registry. It was a rough derelict part of the field and had been fenced off for about 20 years. The land owner has since passed away and a new farmer has taken over and now says that this parcel of land is on his new digital land registry folio map and is not willing to change it. I have checked this out with the Property Registration Authority of Ireland (PRAI) and they will only change it by consent or court order. Is this right? I have been told that this is a common problem with the new digital maps.”
The PRAI is the registering authority in relation to property in Ireland. The title shown on the folio is guaranteed by the State, which is bound to indemnify any person who suffers loss through a mistake made by the Land Registry. However, it is important to note that the registry map identifies properties not boundaries and provides ‘‘that the description of the land on the registry map shall not be conclusive as to the boundaries or extent of the land’’. Therefore, the precise line of the property boundary is undetermined. This is the general boundary rule, which means that the title to registered property is qualified in that the state guarantee does not extend to boundaries.
The Land Registry in 2005 announced that all existing paper-based maps would be converted into electronic form over a five-year period, in the digital mapping project. In August 2010, the mapping project was completed, with all 26 counties fully digitised.
While the digital mapping project now provides easy access to data, landowners cannot take new digitised Property Registration Authority boundaries at face value, as the system is known as a non-conclusive boundary system.
The non-conclusive boundary system will not indicate whether a title boundary includes a hedge or wall and ditch or runs along the centre of a wall or fence or runs along its inner or outer face or how far it runs within or without it or whether or not the land registered includes the whole or any portion of an adjoining road or stream. Responsibility for the accuracy of the areas and boundaries given in documents lodged rests with the applicant.
Contract for sale
Given the non-conclusive boundary system, it is critical to ensure that the map of the property being purchased accurately reflects the property on the ground at contract stage.
The standard Law Society contract for sale provides that the purchaser shall accept such evidence of identity as may be gathered from the descriptions in the documents of title. While the general conditions of sale provide that the vendor is obliged to furnish such information as is in his possession relative to the identity and extent of the property being purchased, he is not required to define exact boundaries, fences, ditches, hedges or walls or to specify which (if any) of the same are held with adjoining owners nor shall he be required to identify parts of the property being purchased held under different titles.
Therefore, it would be important to review the contract and deed together with map furnished to the Land Registry to determine whether the map lodged was incorrectly marked or whether the Land Registry incorrectly registered the deed and map lodged.
Surveyor’s report
To ensure that the mapped locations of boundaries and rights submitted for registration reflect the applicant’s intentions, it is recommended that:
The locations of boundary corners, rights of way, pipelines, etc, be unambiguously defined and clearly marked on the ground before survey for registration is carried out.Maps submitted for registration be prepared and certified by competent land surveyors. This may require a prospective purchaser to engage a surveyor specialising in boundary disputes to survey the land, check deeds and the plans attached to them and to refer to historical documents and aerial photographs in preparing the map to be attached to the deed transferring the land.Rectification of errors and compensation claims
When it is noticed that an error has been made either in the register or the land registry map, this should be brought to the attention of the Land Registry immediately who will examine the matter.
Rectification of the error can be effected by consent of the parties, by deed of rectification, transfer, etc.
The Land Registry may rectify the error after giving such notices to the affected parties if they are of the opinion that the error can be rectified without loss to any person. Where an error cannot be rectified by consent, it may be that it may be rectified by the court.
The party suffering loss for the error may file a formal application for compensation to the Land Registry as prescribed in Form 98 of the Land Registration Rules, 2012. The loss must be proved.
The procedure in relating such claims is prescribed in rules 184 and 185 of the
Land Registration Rules
2012.
Adverse possession
I note that you mention that the area in dispute has been fenced off for over 20 years. As a result, it may be possible to have your interest in the land registered by making a claim for adverse possession assuming that you have been using this land exclusively for your own use and without objection from the adjoining owner for in excess of 12 years.
If you are required to bring a court case in order to establish your title to the property and if you are successful in same, it is likely that a costs order maybe awarded against the adjoining owner which risk may force the adjoining owner to resolve the dispute without recourse to the courts.
SHARING OPTIONS