Ground Truth Surveys (GTS)

A Ground Truth Survey (GTS) of the physical boundaries of the property is carried out in accordance with current international best practice. The GTS will be based on GPS baselines to establish accurate survey points on the new ITM coordinate reference framework and physical boundary features, buildings, etc will be surveyed from these GPS control points.

Boundary Agreements

Once a GTS and analysis of the boundaries are completed issues may be identified. One of the best ways to resolve these issues is by boundary agreement between adjoining neighbours, especially if neighbours have lived side by side for years and trust each other. Neighbours can agree the location of their common boundary and instruct the Property Registration Authority to amend the registered boundary to comply with their agreement.

Other Services

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Mapping for First Registration

When an unregistered property (Registry of Deeds) is first registered in Land Registry, a comprehensive investigation of the title is conducted by the solicitor, Similarly the land surveyor conducts an investigation to see if the description of the plot in the deed or deed map corresponds to the physical boundaries on the ground and a map suitable for first registration is supplied.

Registration of New Boundaries

When a property is sub-divided by cutting a site out of a field, or by developing land to create multiple properties, new properties with new boundaries are created. Currently in Ireland the creation of new boundaries is realised as part of the land transfer process, rather than two separate processes as elsewhere. If more care is taken to ensure boundaries are correctly registered during the creation of new properties, then the subsequent transfer of the property can be both quicker and better.

Rights of Way

Rights of way may be either public or private, and can also be registered or not. The main problems with them mostly relate to unregistered private rights of way, whereby the legal documentation available from the Property Registration Authority does not record the existence of the right of way and thereby fails to reflect the situation on the ground. All properties in Ireland have a right of access to the public road.

Further Services

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Declarations of Identity for Property Sales

A Declaration of Identity is a legal document prepared by suitably qualified professionals for financial institutions providing mortgages for property purchases to minimise the risk to their investments. The professional is required to carry out a physical inspection of the site and prepare and sign the declaration of identity.

Historical Research of Boundaries

Dr Paddy Prendergast is one of Ireland’s leading experts on property boundaries having:

a) worked in Ordnance Survey Ireland from 1981 to 1995,
b) lectured on land surveying and geomatics in the Technological University of Dublin
from 1995 to 2019 with a specific interest in land registration, and
c) served on numerous working groups in professional bodies investigating boundaries
and land registration in Ireland.
d) Practiced as a private chartered boundary surveyor since 2014.

He has a deep knowledge of historical mapping and the methodologies necessary to conduct unbiased research to uncover reasons why specific property boundaries developed in a particular way. This research can be very useful to resolve even the most difficult boundary issues.

Boundary Mediation

Paddy completed a diploma in mediation and conflict resolution in UCD in 2012 and although he does not practice as a mediator, he uses the various skills he learned when discussing boundary problems with clients and can offer to meet with neighbours on the other side of the dispute to find win/win solutions.

Affidavits & Court Reports

Paddy’s PhD has provided him with excellent report writing skills to present the evidence found during a case in a clear and rational manner. He has been appointed by judges in boundary dispute cases on a number of occasions to determine difficult boundaries and report back to the court. In all cases to date his reports have been unanimously accepted by the judges involved. Affidavits can also be prepared to provide documentary evidence for specific cases.

Boundary disputes can be very debilitating because you cannot get away from the problem in your property and some neighbours can be quite aggressive. A day in court can cost as much as €25,000, which sometimes can be more than the value of the land in dispute, so in most cases Paddy would advise against litigation, and try other courses of action to resolve the problem.

Expert Eyewitness

Paddy has a good manner and can be relied upon to present his evidence in a clear and unbiased way. He stays within his core area of expertise and his knowledge allows him to explain confusing concepts clearly and scientifically.

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