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INTRODUCTION

In July 2008 the Law Society published its eVision which recommends radical change in current conveyancing practice in Ireland in preparation for eConveyancing. These proposals include:

  • A recommendation to move from 'caveat emptor' to 'seller disclosure' for property transactions;
  • A recommendation that the title register be definitive, conclusive and all encompassing so that it comprehensively records all rights and restrictions.

In August 2008 the Irish Institution of Surveyors (IIS) published a Green Paper 'Proposing Reform of Boundary Surveys in Ireland' which makes similar recommendations in preparation for e-Conveyancing with regards to boundary identification and definition.

boundary map

A Task Force was formed consisting of a number of professional bodies involved in the property sector to examine the current mechanisms involved in boundary identification and recording and to make proposals for changes where appropriate.

We welcome contributions and comments on the issues raised here.

THE CURRENT SITUATION

The Property Registration Authority (PRA) states the following in the FAQs on their website:

  • I have a dispute with my neighbour over where the boundary lies. Can you tell me who is right?
  • No. The Land Registry map is an index map and identifies property, not boundaries. Therefore, we are not in a position to advise.

The PRA have recently completed the transfer of all Land Registry paper maps onto a digital mapping system. This is welcomed and is a significant step forward to modernise Ireland’s registration and mapping system. This development has focused attention on how boundaries are identified and recorded in this jurisdiction.

  

OBJECTIVE AND VISION

With the advancement in recent years in surveying and mapping technology which provides the ability to survey accurately to the size of a coin, the process of boundary identification and recording can be modernised so as to provide a more accurate depiction of the reality on the ground.

Systems for registering boundaries definitively are widely used throughout the world and within the European Union, and Ireland is relatively late in adopting modern surveying and mapping technologies and processes now widely available elsewhere.

The Task Force is proposing to evaluate issues in relation to boundary identification and recording, as raised by each of the professional bodies and any other interested parties, towards developing best practice approaches which are comprehensive and sustainable for the future. The examination will encompass the technologies, modern processes and legal frameworks used internationally. It is hoped that the results of this examination will promote ease of conveyancing and the development of eConveyancing (electronic conveyancing) in accordance with the eVision.

housebdy

The benefits of a more modernised, definitive system of identifying and recording boundaries can include a reduction in conveyancing time and costs, the provision of enhanced security for landowners and mortgage institutions, the reduction of costly litigation due to disputes and improved transparency of land transactions for the benefit of all sectors in the economy.

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