Ask a solicitor: My property folio is wrong — is it too late to fix?

It has recently come to light that some of the outbuildings are not within my boundary. When I bought the site, it was part of a greater land parcel, and from speaking with my solicitor, I understand it was mapped, and I was then registered as the owner.

I have spoken with an engineer, and they are trying to establish as to why what I thought the boundary is, is not the correct boundary and as to whether it is a mapping error.

The neighbouring lands were also bought by another party from the original owner whom I bought my site from, and I have not approached him yet regarding whether the boundary can be changed. I would be grateful if you could advise as to what my options are here.

Dear Reader,

When you purchased the site, I assume you had an engineer provide a map setting out exactly where the boundary was, which should then have been submitted with your application for registration. I believe  there are potentially two options here which you may need to consider.

Firstly, the map that was submitted to the Land Registry may have been incorrect, which has now potentially resulted in this error. In this respect, you should contact your solicitor and ask if you can see a copy of the application which was submitted for registration to establish exactly what map was submitted in respect of the boundaries.

Secondly, the Property Registration Authority of Ireland (PRAI), or Tailte Éireann, is the registered authority for property in Ireland. The Land Registry has endeavoured to ensure all paper-based maps are converted into an electronic form.

If it becomes apparent an error has been made in either the Registry or the Land Registry maps, it has to be brought to the attention of the Land Registry, which would examine the matter. You would have to consider seeking a rectification of the maps, which can be done in the following manner:

• Consent of the parties;
• A deed of rectification;
• A deed of transfer;
• A court order.

The Land Registry can potentially rectify the error after giving notice to the affected parties if they are of the opinion it can be rectified without any loss to any person.

However, if this is not the case and it cannot be sorted by consent, it may have to be rectified by a court, and in this scenario, an application would have to be made to the court to potentially rectify the boundaries.

I note you have stated to me you bought the site a number of years ago. Another option you could consider is that if you have been using the area which is not within your boundary for a period exclusively of over 12 years, you may be able to bring a claim for what is commonly known as squatters’ rights or a claim for adverse possession. 

If you bring such a case, you will have to show you have been exclusively in possession for a period of 12 years. You will have to show sole possession has excluded the true owner of the property, that there was exclusive possession and that you possess with the intention of acquiring the title of the original owner in a manner inconsistent with the title of the original owner.

Overall, I would advise you contact your previous solicitor and consider your options here as to whether firstly, the adjoining landowner will potentially agree to rectify the boundary by consent, which would be the most straightforward manner.

If this is not possible, you may need to consider bringing a court case looking for rectification, or you can bring a claim for adverse possession. It would also be worth considering contacting the Land Registry to look into whether a mapping error occurred.

Stephen Coppinger, is a solicitor practising in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.

Email: info@walshandpartners.ie; Web: walshandpartners.ie. 

While every care is taken to ensure accuracy of information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.