Property Boundary Disputes in Ireland: What You Need to Know

Property boundaries can seem straightforward until there is a disagreement.

A wall, hedge, fence or driveway may appear to mark the boundary between two properties, but the physical feature on the ground does not always provide a definitive answer as to where the legal boundary lies.

Boundary disputes can arise for many reasons and can become particularly stressful when buying or selling a property.

In this guide, we look at some of the most common causes of property boundary disputes in Ireland, why maps can sometimes cause confusion and how an accurate survey can help establish the position on the ground.

What is a property boundary dispute?

A property boundary dispute occurs when two adjoining property owners disagree about where the boundary between their properties lies.

For example, a dispute might arise over:

• The position of a wall or fence

• The location of a hedge

• The ownership of a strip of land

• The position of a driveway

• An extension or structure close to a boundary

• A right of way

• Land that appears to have been incorporated into an adjoining property

• Differences between historical maps and the current physical boundary

Boundary disputes can range from a minor disagreement about the position of a fence to more complicated matters involving property ownership and legal documentation.

Does the Land Registry map show the exact boundary?

This is one of the most common questions property owners have.

The Land Registry map is extremely useful for identifying registered properties, but it should not automatically be treated as a precise survey of the physical boundary on the ground.

Tailte Éireann states that identification of property by reference to a Registry map is not conclusive as to the exact boundaries or extent of the property.

This is important because a line on a map may not tell you whether the actual boundary runs along the centre of a wall, along one face of a wall, along a fence, hedge or another physical feature.

The map also needs to be considered alongside the relevant property records, historical documentation and the physical circumstances on the ground.

Why can boundaries be difficult to establish?

There are several reasons why the physical boundary of a property may not appear to match what is shown on a map.

Over time, property boundaries can change physically.

A fence may have been moved.

A wall may have been rebuilt.

A hedge may have grown beyond its original position.

A driveway may have been altered.

Previous owners may also have informally agreed to changes without formally recording them.

Older maps and property documents can also contain information that needs to be considered alongside modern mapping.

This is why boundary disputes can rarely be resolved simply by looking at a single map.

Common signs of a potential boundary problem

You may need to investigate a boundary further if:

• Your neighbour disputes the position of a boundary

• A fence or wall does not appear to correspond with available mapping

• You are purchasing a property and the boundary appears unclear

• You are selling a property and your solicitor raises a boundary query

• An extension or structure appears to cross or approach a boundary

• A neighbour has moved a fence or wall

• There is a disagreement over a strip of land between two properties

• Historical maps show a different arrangement

• The property documentation and physical layout appear inconsistent

If you notice an issue like this, it is better to investigate it before it becomes a larger problem.

Why accurate surveying matters

A professional survey can provide accurate measurements and information about the physical features of a property.

Depending on the circumstances, a survey may identify the location of walls, fences, buildings, hedges, roads, entrances and other relevant features.

This information can then be considered alongside the available property documentation and mapping.

The purpose is to establish a clear picture of the property as it exists on the ground and identify any discrepancies that may require further investigation.

What if the boundary on the ground is different?

A difference between the physical boundary and the mapped boundary does not automatically mean that one property owner is correct and the other is wrong.

There may be a number of reasons for the difference.

Historical arrangements, previous agreements, deeds, mapping inaccuracies and other legal considerations may all be relevant.

For this reason, property owners should avoid moving a wall, fence or other boundary feature simply because they believe a map shows it should be somewhere else.

Professional surveying advice should be obtained before taking action.

Boundary disputes when buying or selling a property

Boundary issues can become particularly important during a property transaction.

If a purchaser, solicitor or other professional identifies a potential boundary discrepancy, it may need to be investigated before the transaction can proceed.

In some cases, a relatively straightforward survey and mapping exercise may provide the information required.

In more complicated cases, legal advice may also be necessary.

Addressing potential boundary issues early can help prevent delays later in the sales process.

Can a boundary be formally agreed?

In certain circumstances, adjoining property owners can agree the position of a boundary and have the relevant information formally recorded.

Tailte Éireann provides procedures for the registration of boundaries by agreement where the required conditions are met.

Where a boundary is disputed, however, it is important to distinguish between establishing the physical position of a feature and determining the legal ownership of land.

A surveyor or engineer can provide technical information and accurate mapping, while legal advice may be required where ownership or legal rights are disputed.

What should you do if you have a boundary dispute?

The first step is to avoid making assumptions.

Gather the relevant property documents and maps and establish exactly what the disagreement is about.

A professional survey can then help establish the physical position of the relevant features.

Depending on the circumstances, you may also need to obtain copies of the relevant Land Registry documentation and seek legal advice.

The earlier the issue is properly investigated, the easier it may be to prevent the disagreement from escalating.

Professional property mapping and surveying

At Mulqueen Consulting Engineers, we provide professional surveying and mapping services for residential and commercial properties.

Accurate mapping can be particularly valuable when dealing with property transactions, planning applications, boundary queries and situations where the physical layout of a property needs to be clearly documented.

If you are unsure about a property boundary, professional advice can help establish the facts before you make decisions.

Need help with a property boundary?

If you have a boundary query, are preparing to sell a property or need accurate mapping for your property, contact Mulqueen Consulting Engineers.

Our team can provide professional surveying and mapping services and help you understand the information available for your property.

Contact Mulqueen Consulting Engineers today to discuss your property survey or mapping requirements.