Boundary disputes between neighbours are among the most stressful legal situations a homeowner can face. They can arise from a wall built in the wrong place, a fence moved over time, an extension that encroaches, or simply different interpretations of old maps. The law provides clear routes to resolution.
In Ireland, the legal boundary between two properties is defined by the title documents registered with the Property Registration Authority. The filed map on your folio is the starting point. However, old maps are not always precise, and the courts will also consider physical features, historical use, and the intention of the original conveyancing documents.
Where a fence, wall, or structure has been in a particular position for a long time, the law of adverse possession may also be relevant — if a neighbour has physically occupied land openly and without challenge for 12 years, they may have acquired title to it. This cuts both ways: it can affect your claim and your neighbour's claim depending on the history.
Do not move fences, pull down walls, or physically assert a boundary position without taking legal advice first. Doing so can significantly worsen your legal position and may expose you to a claim for damages. The correct approach is to obtain a boundary survey, take legal advice, and attempt to agree with your neighbour before any physical action.
Niamh had lived in her Wicklow home for eight years when her neighbour began constructing a wall along what the neighbour claimed was the boundary. When completed, the wall was approximately two metres inside what Niamh understood to be her garden, eliminating a strip she had maintained and used throughout her tenure.
Her neighbour produced an old photograph suggesting the boundary had always been at this position. Niamh produced her Land Registry folio and filed plan. The two did not match the neighbour's photograph.
Her solicitor commissioned a boundary survey from a registered land surveyor who plotted the folio boundaries against the physical features of both properties. The survey confirmed the wall had been built on Niamh's land.
The solicitor wrote to the neighbour setting out the survey findings and requesting removal of the wall within 28 days. The neighbour sought their own legal advice, which confirmed the same conclusion. The wall was removed and a boundary agreement was drawn up and registered on both titles.
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