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To gauge an understanding of how boundaries are perceived in Ireland by landowners

Author - Daragh O'Brien, Dr. Patrick Prendergast

 

 

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Abstract

Recent anecdotal evidence from property professionals indicates that there has been a significant increase in boundary disputes in Ireland since the phased publication of the Land Registry digital map in 2005. There is a need to investigate this development in order to confirm or refute this trend and attempt to identify the issues causing these disputes. There is an absence of detailed information on the causes and types of boundary disputes within the Irish Legal system. This project aims to address this lack of information by collecting comprehensive information on a range of case studies over the past 5 years and determine the incidence of these types of disputes. The cost to all parties to these disputes will also be estimated to inform policy makers of the effectiveness of the current system. An electronic questionnaire on boundaries in general, was carried out to gauge the perception and context in which property boundaries are perceived in Ireland by landowners. Initial results from this first questionnaire show that 32% and 38% of landowners in urban and rural areas respectively have issues with their boundaries, and 22% of landowners did not know whether their property is registered in Land Registry or in Registry of Deeds. A second questionnaire, currently in progress, intends collecting information on specific boundary dispute cases to determine the issues causing these disputes and identify the various types of disputes within this litigation category. This study hopes to inform the need for policy reform of the Land Administration System for land tenure in Ireland.

Key words: Non-Conclusive Boundaries; Boundary Disputes & Property Boundaries

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