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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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10. CONCLUSIONS & RECOMMENDATIONS

From the data collected, the results indicate that Land Registry maps do not accurately define a person’s property or reflect what is actually on the ground and there is distinct lack of reliable information on boundaries in Irelands land registration system. Prendergast et al (2008), explains that the cost of creating a cadastre of conclusive boundaries from scratch in a short project time frame would be expensive so, they propose a gradual progression from non-conclusive to conclusive boundaries where all new boundaries will be registered as conclusive while non-conclusive boundaries are occasionally registered as conclusive boundaries at the landowners request
The purpose of the survey was to gauge an understanding of how boundaries are perceived in Ireland by landowners.

    —     The survey indicated that there was confusion among landowners with regard to the role of the Land Registry & Registry of Deeds. There should be better communication and dissemination of knowledge to landowners with regards to their statutory role in Ireland by promoting & explaining the various roles of statutory bodies in a user friendly way.

    —    A large percentage of those surveyed did not understand the difference between conclusive and non-conclusive boundaries, and in particular did not know that the state does not guarantee their boundaries. This illustrates the importance of adopting a system that is uniformly accepted and clearly defined in Ireland.
    —   A surprising feature of the results suggest that a large proportion of those surveyed did not have their boundaries checked prior to the purchased of their property and did not check their boundaries described in their title deeds. The landowners are heavily dependent on legal profession to check and verify the accuracy and completeness of title on legal documentation prior to sale/purchases of property. The survey indicates that the landowners should take more care and responsibility in examining and considering all documentation in association with professionals. 
    —   Approximately, one-third of the respondents indicated that they had a boundary related dispute. There was a multiplicity of issues raised relating to these disputes on an individual and personal basis. A consequence to these disputes is the heavy financial burden and the overall economic impact to the parties involved. It is the intention of this research to quantify the incidence and identify the types of boundary disputes in Ireland because of the varied and many personal issues, which give, rise to ambiguity and cause conflict.
This paper will be followed by another paper outlining the current results of a questionnaire investing boundary disputes in Ireland. Aimed once again at Irish landowners, the research will attempt to identify what is causing the different types of boundary disputes currently occurring in Ireland and thereby attempt to develop solutions to minimise or eliminate their incidence in the future.

     

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