We here at Adrian Hassett Auctioneers believe that buyers should look beyond the house itself when assessing a property. Boundaries and access may not be the first things that catch your attention during a viewing, yet they can have a significant impact on how you use the property, what responsibilities come with it and how straightforward the purchase may be. In Ireland, where properties can have shared entrances, private lanes, rights of way, older boundary walls and irregular site layouts, understanding exactly what you are buying is an important part of the process.
A property may look perfect from the front gate, but the legal and practical position surrounding its boundaries and access can be considerably more complicated. Before making an offer, buyers should take time to understand what land belongs to the property, how it is accessed and whether there are any arrangements involving neighbouring properties.
Here are five important areas to investigate.
1. Check exactly where the boundaries are
Never assume that a hedge, wall, fence or line of trees automatically represents the legal boundary.
Physical boundaries can change over time. A fence may have been moved, a hedge may have grown beyond the original line, or a previous owner may have incorporated part of an adjoining area into the garden. What appears obvious on the ground may not necessarily correspond precisely with the legal title.
Buyers should examine the property maps and title documentation carefully and, where appropriate, ask their solicitor to clarify any uncertainty.
This is particularly important where a property has a large garden, extensive grounds, a side passage, a driveway or adjoining agricultural land. Even a relatively small discrepancy can become significant if it affects parking, access, future development or the use of the garden.
2. Understand how the property is accessed
Access can seem straightforward when you drive to a viewing, but buyers should establish who owns and maintains the road, lane or driveway leading to the property.
Some homes are accessed directly from a public road. Others may use a private road or a shared entrance serving several properties. Rural properties can have particularly complex access arrangements, including rights of way over neighbouring land.
Ask whether access is owned outright or enjoyed through a right of way. It is also worth understanding who is responsible for maintenance, repairs and associated costs.
A shared driveway can work perfectly well for many years, but buyers should know what arrangements are in place before committing to a purchase. Where several properties use the same access route, the practical relationship between neighbours can be as important as the legal documentation.
3. Look at rights of way and other rights affecting the property
A property may have rights that benefit it, as well as rights that affect how the owner can use it.
For example, another property may have a right to pass through part of the site. There could also be rights relating to water, drainage, services or access to adjoining land.
For buyers, the important point is not to assume that owning the property means having unrestricted control over every part of it.
Equally, a right of way benefiting the property can be a valuable feature, particularly where it provides access to a road, field, garage or other area. Understanding these rights before purchasing can prevent unpleasant surprises later.
Your solicitor can review the title and advise you on registered rights and obligations associated with the property.
4. Check gates, parking and practical access
Legal access is one consideration. Practical access is another.
During a viewing, think about how you would actually use the property every day. Can vehicles enter and leave comfortably? Is there sufficient space for parking? Would a larger vehicle, delivery van or emergency vehicle have difficulty accessing the property?
For rural homes, consider the condition and width of the access road, particularly during poor weather. If access involves a narrow lane or shared entrance, consider whether it works for your lifestyle.
Gates can also matter. Check whether they belong to the property, who maintains them and whether opening them creates any practical difficulties.
For families, older buyers or anyone with mobility considerations, the route from the public road to the front door can be just as relevant as the layout inside the house.
5. Investigate potential boundary or access issues before bidding
If something does not appear to match the property description, raise the issue before making a firm commitment.
Perhaps the garden appears larger than the mapped site. Maybe a neighbouring property appears to use part of the driveway. Perhaps a shed, garage or entrance sits close to a boundary and its ownership is unclear.
These situations do not necessarily mean there is a problem. They do mean the position should be established.
Buyers can protect themselves by asking questions early and allowing their solicitor to investigate any matters arising from the title, maps or other documentation. If specialist advice is required, such as a surveyor assessing a physical boundary, it can be worthwhile obtaining that advice before proceeding.
Do not overlook what sits outside the front door
When viewing a property, it is natural to concentrate on bedrooms, kitchens, bathrooms, finishes and the overall condition of the house. Boundaries and access are less visually exciting, yet they can have a lasting effect on ownership.
A property with clear boundaries, straightforward access and well-understood rights can offer greater certainty. Where arrangements are shared or unusual, understanding them before purchasing allows buyers to make a more informed decision.
The key is to avoid making assumptions. A fence does not necessarily define ownership, a driveway does not necessarily belong exclusively to the house and convenient access does not necessarily mean there are no legal considerations.
Taking the time to investigate these matters before making an offer can help buyers understand exactly what they are purchasing and reduce the risk of unexpected complications after the sale.
If you would like to discuss buying or selling a property, contact us on 0871303206 or email sales@adrianhassett.com or visit adrianhassett.com.
Disclaimer
Disclaimer: This article is based on publicly available information and is intended for general guidance only. While every effort has been made to ensure accuracy at the time of publication, details may change and errors may occur. This content does not constitute financial, legal or professional advice. Readers should seek appropriate professional guidance before making decisions. Neither the publisher nor the authors accept liability for any loss arising from reliance on this material.
