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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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My late mothers house has been left to my brothers and

Customer Question

My late mothers house has been left to my brothers and sisters. Their solicitor ordered the maps from the Land Commision and found that the boundary is through her house. I own the land on the other side of the boundary. Can this be changed?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Customer: replied 1 year ago.
My family insists that it is a simple matter of just changing the boundary line with an engineer.
Expert:  Buachaill replied 1 year ago.

1. Yes, you can change the line of the boundary by getting a new survey done which will rectify the maps and have the boundary run in a different line. This will then have to be registered in the Property registration Authority (Land Registry). However, it may need to be registered as a transfer of an interest if the area is sufficiently large. It depends upon the amount of land involved. From what you say, the area is quite large. So it may be necessary to transfer part of the land you own over to the land your late mother owned and re-register it. Amendment of the boundary are really only designed to deal with small changes in the boundary. Here, some thought should be given to whether there will be an area at the back or side of the house which will go with the house, as it is not good that a house has no curtilage and immediately abuts onto your land. However, the first thing is to get the survey done and see what is possible.