Boundary discrepancies can affect properties but are often not identified until a property is being sold or mortgaged. A boundary discrepancy arises when the legal boundaries of a property do not correspond with the boundaries of the property on the ground.

Legal Property Boundaries
The legal boundaries of a property define the extent of ownership and are those shown on the title map or described in a title deed, where there is no map. This title map will be a land registry map if the title to the property is registered in the Land Registry (now Tailte Éireann). If the title is unregistered (i.e. registered in the Registry of Deeds) it will be a map attached to a title deed. When a discrepancy occurs regarding the extent of the boundaries, it is advisable to seek the advice of your solicitor and surveyor.

Role of Title Deeds and Maps
The title deeds and maps are key to establishing property ownership and boundaries. The title deeds usually contain a description of the property by reference to a title map. However, discrepancies can arise if the deeds do not clearly describe the property by reference to a map, the map is outdated or if physical changes (such as the removal of a wall, fence or hedge) have altered the boundaries over time. Your solicitor can review these documents for you to help you determine the legal boundaries and with the aid of your surveyor address any potential discrepancies.

Land Registration
This country has a system of land registration that helps to clarify ownership and boundary issues. Once an owner of land is registered with Tailte Éireann, ownership and boundaries are officially recorded and mapped. Tailte Éireann maintain a register, which is conclusive evidence of title to property and is guaranteed by the State. However, Tailte Éireann operate a non-conclusive boundary system, which means that the map does not indicate whether a boundary includes a hedge or wall or ditch etc., but the physical features along which the boundaries run must be accurately identified. The other system of registration is with the Registry of Deeds, where title deeds are registered, but it does not record the boundaries and map them.
If a boundary discrepancy or dispute arises, the first step is usually to check Tailte Éireann to see if the land is registered. If the land is unregistered, resolution can be more complicated, and other methods, such as documentary evidence may be required.

Mediation and Dispute Resolution
A dispute regarding boundaries can be emotionally charged, especially if they involve longstanding disagreements between neighbours. Alternative dispute resolution (ADR) methods, such as mediation, can help resolve conflicts without the need for costly and time-consuming litigation. Mediation allows both parties to negotiate with the help of an impartial mediator and come to a mutually agreeable solution. If mediation fails, the dispute may escalate to court proceedings, which can be a costly and lengthy avenue of redress.

Adverse Possession: A Potential Complication
Adverse possession allows a person to claim ownership of land that they have continuously and exclusively occupied for a minimum of 12 years without objection, which is commonly known as a squatter’s title. In boundary disputes, this principle can complicate matters, especially if one party has been using land in a way that could be considered ownership for a prolonged period. If adverse possession is claimed, the person occupying the land may be able to acquire legal ownership of the disputed area or boundary, provided that they meet the proofs and requirements for registration.

Steps to Avoid Boundary Discrepancies and Disputes
To avoid boundary discrepancies and disputes, it is essential that when:
• buying a property, you employ a surveyor to verify that the legal boundaries shown on the title map correspond with the physical boundaries of the property on the ground.
• building a house, the site layout plan upon which planning permission was granted reflects the legal boundaries.
• building a new fence or wall, it is built within the legal boundaries.
Open communication with neighbours or adjoining landowners is also key to preventing misunderstandings and disputes.

Conclusion
It is important to address boundary issues promptly and carefully with the assistance of a solicitor and surveyor to avoid further complications. Property owners who have concerns or queries regarding their boundaries or are involved in a boundary dispute should seek legal advice. Property owners can also take proactive steps by consulting with a solicitor to establish if their boundaries are clearly defined and legally protected, reducing the risk of future disputes.

We at Donal T. Ryan Solicitors LLP can offer the expert advice and support required to assist in navigating the complexities associated with boundary issues. Please feel free to contact us at our Cashel office 062 61288 or our Cahir office 052 7441244 if you require advice in relation to this matter.