Brigid Browne: How do I resolve a boundary line dispute with my neighbour?

A neighbour says our boundary encroaches onto his land — is there an easy way of addressing this?

Brigid Browne: "Measuring technology used today is very accurate and often there might be a discrepancy between what is recorded on the ground and what is outlined in red on a map.

Dear Brigid,

My partner and I have purchased a site in a seaside village in County Cork. We have the maps of the property, and have plans drawn up for what we would like to do with it — it needs restoration work and we are also keen to extend it, with planning permission.

Out of courtesy, we spoke to the owners of neighbouring properties to advise them of what we intended to do. One of those neighbours came back to us and questioned whether we have overstated where we believe the boundary to be. He believes it encroaches onto his land.

The last thing we want is to get off to a bad start. Is there any easy way of addressing this?

Yours, Jill

Dear Jill,

You and your partner are certainly living the dream. Everyone wants a house by or near the sea. It is wonderful you are planning to restore an existing building to boot.

Boundary disputes are common unfortunately and added to this is my strong belief that we are genetically ‘land crazy’. Any dispute with a neighbour is a very unpleasant and stressful occurrence, and boundary issues can become particularly contentious.

During the purchase of the property, your solicitor will have checked the boundaries and the title of the property. As you are probably aware, property is registered in two places in Ireland: The Land Registry, and The Registry of Deeds

The associated document is referred to as a ‘Folio File Plan’ and will list those who owned the land over the years. Also listed might be burdens on the property such as rights-of-way, easements, fishing rights, mining rights etc. A map will be included with a red line representing the site boundaries.

It is possible that when the boundaries were checked for sale purposes, a physical boundary may not have existed. This is not uncommon with sea front properties as the terrain may not have been conducive to fencing, or they were not farmed so boundaries were loose.

In this case the surveyor/engineer examining the boundary for sale purposes would have stated a lack of physical boundary and may comment as to possible obstructions or challenging terrain. The surveyor/engineer is likely to call up any item that may prevent the sale. If they do not see a reason for concern, they may also state this.

I’ll assume the property has not been fenced off — if it had a physical boundary, it’s unlikely the neighbour would feel they could influence the matter.

How to proceed from here

So, let’s look at how to move forward.

I believe the first thing you need to do is have a frank conversation with the neighbour to see if they can be reasoned with.

Regardless of the outcome it is my opinion you should have a meeting with your solicitor. Get all the facts, advice and also put it on the record that a neighbour is inclined to dispute the boundary, in case things escalate.

Interrogate what your solicitor is saying, do a little research, and then look for a second opinion if you believe you need to. Even for educational purposes, a second opinion can be very helpful. There are specialist firms that deal with this very matter and are appropriately experienced.

I no longer mark out sites. Instead, I get my colleagues, geomatic surveyors, to do this for my clients. Geomatic surveyors, often referred to as land surveyors, specialise in the measuring of buildings, land and boundaries. They use sophisticated equipment and are incredibly accurate. They will take the red line boundary and, on request, will peg out the site, positioning timber stakes at certain points to reflect same. These stakes are then used as markers by the fencing
contractor, who will erect the site boundaries.

Putting up a physical boundary will allow you to know the site boundaries and will also let the neighbour know where they are. If you believe this will cause further argument, you can simply cordon off a private area nearer your house and leave the rest of the plot unmarked and undefined.

Why might the neighbour think he has an argument?

Measuring technology used today is very accurate and often there might be a discrepancy between what is recorded on the ground and what is outlined in red on a map. Natural features may be slightly off, or very off, and this calls the accuracy of boundaries into question. The neighbour may believe that based on a physical feature on the land, he owns to a certain point, and we must allow that he may be correct.

It is also possible that he had ‘the use’ of land that was historically inside your redline boundary. This could have been an arrangement between him or his family and the previous owner of the property, or the previous owner’s family. It might go back generations or several years. In this case, the neighbour will have to prove his interest in the land.

You mention you are intending to submit a planning permission application. Disputes can influence a planning decision. If you or your solicitor believes there is no valid claim, you may have to ensure the local planning officer knows there is a vexatious claim. The neighbour will likely lodge an objection against your planning application.

The authority will be reasonable and will look at this fairly but if an objection is lodged there is a strong possibility the file will end up in An Coimisiún Pleanála. Again ACP will be reasonable but it will make the process very protracted. Forewarned is forearmed however and if you know this is going to happen, you can manage your programme with this delay in mind.

I wish you the best and hope that you are ensconced in your new abode in the near future.

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• Brigid Browne is a chartered building surveyor and chair of the Southern Region of the Society of Chartered Surveyors Ireland. She is the MD of Cashel-based Fortress Planning
• fortressplanning.ie