in this video i want to take a look at property boundaries the boundaries of property
so the property registration authority in ireland looks after and administers the registry
of deeds and land registry in land registry you're going to have to identify a property
a property folio so to be a land registry sealed and certified folio
in that folio it's going to have a written description of the property so it might say
a piece of ground or land situate or a house situate in such and such a parish in such a county
it might also give the size of the property especially if it's land and attached and also in
the folio it's going to have the registered owner and any burdens affecting the folio any covenants
or conditions any burdens rights away that type of thing so that's the general description in
addition to that there's going to be a map and the map is called a plan or a file plan
and this file plan is one that will be will have been submitted in the first instance by the person
who is registering ownership of that property so obviously it'll be a solicitor and the map will go
in in the first instance when the folio is going to be opened and the map is going to indicate
the boundaries of the property however it's important to know that even though
the map must be a property registration authority approved map and it must be
an ordinance survey approved map well not necessarily ordinance survey but most maps
come from ordinance survey in ireland an ordinance survey and the property registration authority
worked very closely because the property registration authority
does digital mapping in order to ensure the maps that are on the property registration authority
hang together well as it were but the ordnance survey then carries
out regular topographic surveying and so on but the important thing to remember is that
the boundaries of the map that are indicated on the map on the final plan
are non-conclusive in other words the property registration authority operates a non-conclusive
boundary system and the land registry property registration authority land registry does not
identify boundaries only properties and never shows ownership of individual walls or fences
as i say the boundary system adopted by land registry is a non-conclusive boundary system
this means that the ownership of the physical structures which mark a boundary is unidentified
in addition the exact location of title boundaries is undetermined
and to be clear about that there is a 1964 registration of title act
registered land shall be described and identified by reference to the registry maps
concerned in such manner as may be prescribed as provided by the site neither the description
of land in a register nor its identification by reference to a registry map
is conclusive as to its boundaries or extent clearly this can give rise to disputes between
neighbors and adjoining landowners because the fact of the matter is the physical boundary on
the ground may not correspond precisely with the boundary line that's indicated on the folio
the deviation or difference between the two may be very small or it may be quite significant
and it may be from time to time needed between the adjoining land owners to address the situation
by way of a deed of rectification in other words they want to rectify the boundary and one of the
parties will transfer a bit of ground to the other party in order to have the physical boundaries on
the ground for example a head or a fence or a palin correspond with a map but it is often
the case that the physical boundaries on the ground simply do not accord with the
map the file plan that's on the land registry folio then it's important to understand that
it's also important to understand as well that if there is any slight deviation or difference
between the map boundary and the physical boundary on the ground the physical boundary
on the ground is the relevant boundary as a where of the properties because the say
the land registry operates a non-conclusive boundary system so even though there is pa
approved maps even though they do work in tandem with hand-in-hand with the ordnance survey the
reality is that it's a non-conclusive boundary system and the actual map does not necessarily
determine the boundary and may well be that the boundary on the ground as i say deviates from the
map and that is going to be the boundary between two properties two adjoining properties disputes
can arise and unfortunately they can become bitter and sometimes deeds of rectification or transfers
of land from one boundary or from one folio to another may be necessary
but um obviously good sense needs to prevail but people should be aware that the actual file plan
is indicative and it is a good indication of the general boundary of a property but it is
non-conclusive i hope you find this video useful if you do i would appreciate if you gave it the
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