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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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2.2 Conclusive Boundaries

Conclusive boundaries are also known as fixed boundaries. Conclusive boundaries were introduced under the Torrens system where property boundaries were guaranteed when ones land was registered (Murphy et al, 1992). Conclusive boundaries can be defined as the precise line of the boundary determined by land surveys which are in turn expressed by co-ordinates (Williamson et al, 2010) where as the Inter-Professional Task Force on Property Boundaries (IPTFPB) defines a conclusive boundary as where,

    "the register does contain sufficient information to define the boundary either legally or geometrically so that it is not open to challenge, and is guaranteed by the state” (IPTFPB, 2010).

Concrete posts, steel rods or a boundary mark in the ground usually represents these types of boundaries marked by professional surveyors. This boundary system is the most common system used around the world and two variants are available, the German and Torrents systems (Figure 3).

2.3 Non – Conclusive Boundaries

Non-conclusive boundaries are also known as general boundaries in the United Kingdom. Ireland uses a non-conclusive boundary system where the precise location of the boundary and its features is not accurately defined. The system is defined as where,

    “...the register does not contain sufficient information to define the boundary either legally or geometrically. Consequently, the boundary is open to challenge, and is not guaranteed by the state” (IPTFPB, 2010).

Ireland began to use non-conclusive boundaries in 1891 under the local Registration of Title Act, which came about from the English Land transfer Act 1875. More recently in the Registration of Title Act 1964, S85, it states,

 Ireland’s land registration system is made up of folios and maps. Irish property folios are deemed to be reliable, thus the title is conclusive and guaranteed by the state. In contrast, the Property Registration Authority (PRA) maps are regarded as unreliable and non-conclusive and are consequently not guaranteed by the state. This aspect of the Irish mapping system is less secure and is an area where reform is needed (Prendergast el al, 2008). Non-Conclusive boundaries are usually represented on the ground by physical features, natural or man made, for example, fence, hedgerow, wall, ditch, road or tree line (Williamson et al, 2010). It should also be noted that the registered boundary depicts the physical feature rather than the determined boundary.

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