Services for Landowners
Ground Truth Surveys
Chartered surveyors often find that landowners are unsure of where their legal boundaries are. They normally assume they correspond to the physical boundaries on the ground. These uncertainties are mainly due initially to imprecise maps being used for legal property transfers.
We recommend a ground truth survey (GTS) in most cases to define physical boundaries as an accurate baseline. It is then possible to determine where the legal boundaries lie in relation to the physical boundaries. A good map for property transfer will ensure these boundaries correspond to each other and GTS is becoming the international best practice to do this.
People who use ground truth surveys build a strong base of evidence to support their case where the accuracy is an order of magnitude better than any official mapping.
Analysis Reports of Boundary Issues
To resolve disputes over property boundaries, each of the parties involved must present various evidence to the court to allow the judge to seek the truth and make a decision. A court case in 2016 and its subsequent appeal in 2019, clearly set out the priority of evidence for boundaries.
Primary evidence comes from the deed and deed map which is available from the Registry of Deeds if the property is unregistered, and the Land Registry if the property is registered. Land Registry Form 96 should be completed by the landowner to acquire a copy instrument of the deed and deed map used to originally register the property.
The secondary evidence are the physical boundaries on the ground and PBI recommends using a GTS to capture this accurately, and then superimposing the information from the deed or deed map on top. The final step is to compare this data with the tertiary evidence, the boundary registered in the Property Registration Authority available digitally from email@example.com
Since ground truth surveys are highly accurate, the data they provide helps to clarify the presence and nature of any boundary issues from which chartered surveyors can then advise on best courses of action to resolve the issues identified.
Analysing boundaries using ground truth surveys offers the most accurate method to solve boundary problems. It helps to clarify issues and brings a level of certainty previously unavailable.
Boundary disputes can arise over quite small areas of land, and sometimes the land dispute can be only one part of a dispute between neighbours. Every case is different, and chartered surveyors need to tread carefully while investigating the problems and how they arose.
Where neighbours have lived side by side for years and generally trust each other, one of the best approaches to resolve the dispute is by boundary agreement.
Neighbours can agree on the location of their common boundary, formally record it in a boundary agreement, and submit the agreement to the Property Registration Authority to amend the registered boundary to comply with the new agreement using rule 141.
Rights of Way (RoW)
Rights of way can be public or private, registered or unregistered, and some can cause boundary problems and disruption among local communities.
Informal agreements between neighbours can develop into customary rights which can give rise to disputes when the neighbours either fall out, or one transfers their property and the new landowner wishes to continue the custom.
Therefore, landowners should check to ensure their rights of way have been registered with the Property Registration Authority to ensure the registered information correctly and clearly records the situation on the ground.
Litigation is expensive so the courts advise landowners to attempt mediation as a first approach to resolve their disputes. One of the main drawbacks of litigation is that feuding landowners must live as neighbours after the court decision where one landowner wins and one loses.
However, mediation resolves issues in a win/win manner where both landowners compromise to a degree but achieve solutions which are acceptable to both and can be long lasting.
Boundary mediation requires chartered surveyors to use a set of skills to bring disputing neighbours together and clarifying issues for them with a GTS can be very helpful. Our founder, Dr. Paddy Prendergast, is qualified to mediate boundary disputes.
Affidavits and Reports for Court
One day in court can cost up to €25,000, so keeping your case out of court will not only save you a lot of money, but disputes that go that far can cause irreparable rifts between neighbours in a community.
In cases where litigation is the only choice, our chartered surveyors can supply affidavits and reports to provide unbiased evidence to the court. Judges have often requested our founder to examine and report on cases as an independent expert, and his findings to date have been consistently accepted
Expert Witness Evidence
Bringing your case to court will invariably include calling an expert witness. Facts alone do not always win court cases, but they need to be correctly presented by an expert who is believed by the judge.
As highly qualified expert witnesses, we have the knowledge to clearly and concisely relate the facts of any dispute. By cutting out unnecessary jargon and ensuring the court has all essential relevant information, expert witnesses from Property Boundaries Ireland give you the best chance of winning your case.
Request a Quote or Book a Callback Today
Looking for Something Else?
See how we can help you with litigation, from writing affidavits and reports to acting as expert witnesses in court.
Visit our Property Boundaries page for more information on the various types of boundaries and the issues that can arise.
Visit our publications page to read through some of the numerous reports and conference we have contributed to.
Check out our FAQ page to see the answers to some of the most common types of questions we get asked.
We always strive to deliver the best results possible. See what our satisfied clients have to say about working our services.
Need More Information?
Talk to one of our experts today.