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I have an issue over a shared driveway

November 2016


Questions

I am currently in the process of purchasing a property. The property comes with a shared driveway. I have a slight issue regarding the two maps provided by the vendor. The two maps provided are as follows:

1. Official property registration map

2. Coloured lease map I notice there are several discrepancies between both maps, eg site walls within the shared driveway. Would it be possible for you to review this and shed some light on the issues listed below?

1. Is the hatched area belonging to number 56 or is it shared by both adjacent properties?

2. Can the wall highlighted in yellow be moved without planning permission/permission from other property owner?

3. In legal terms, which map takes precedence over the other?

Answers

In reply to your questions, I will commence with question 3 (Q3), as the reply substantially determines the replies to Q1 and Q2.

Q3. The lease map is a deed map, which is the definitive map and therefore takes preference over the  (PRA)/Land Registry map.

Q1. The area shown hatched on the PRA map screen shot is entirely in the ownership of the titleholder in No 56. This area is not included in the area coloured blue on the deed map which defines the portion of No 56 which is subject to a right of way.

Q2. The wall highlighted in yellow is located entirely on premises No 56 and can therefore be removed without the permission of the owner of No 58. Permission to remove it is not required from the planning authority unless it is a condition of the planning permission. It is however the usual practice to have a wall, fence or gate at the end of a shared driveway to separate and/or protect property from the shared driveway which is open to the public road.

While the deed map is the definitive map it is advisable to ensure that the rights of way concerned are registered on the Land Registry (PRA) folio and shown accordingly on the registry map as, unlike the deed map, these are available to the public.

Patrick Shine is a chartered geomatics surveyor, a chartered engineer, and a member of the Society of Chartered Surveyors Ireland (scsi.ie)