We here at Nestor Shanahan Auctioneers have seen it time and again: a buyer falls for the kitchen, the light and the location, and barely glances at the fences. Yet boundaries are behind a surprising number of post-sale disputes, unexpected bills and frosty relationships with neighbours. A leaning panel is an easy fix. A fence sitting a metre inside the legal boundary, or a hedge the neighbour insists is theirs, is not. Here are the five checks we recommend every buyer makes before putting an offer on the table.
1. Does the fence match the folio map?
Ask for the Tailte Éireann folio and map early in the process and walk the boundary with it in hand. Irish registry maps operate under what is known as the general boundaries rule, which means they are not conclusive as to the exact line of a boundary. Small discrepancies are common, particularly on older homes and rural properties where fences have been replaced several times over the decades.
What matters is whether the physical fence broadly matches the mapped outline. If a corner of the garden, a shed, a parking space or an access lane appears to fall outside the map, raise it with your solicitor before going sale agreed. Resolving a boundary issue as a condition of the sale is far quicker and cheaper than trying to correct it once the property is yours.
2. Who owns it, and who maintains it?
It sounds simple, but many sellers genuinely don't know. Ask the vendor which boundaries belong to the property, which belong to the neighbours and which are shared. Title documents are often silent on the point, so it is worth getting the vendor's understanding in writing.
Shared fences, walls and hedges are treated as party structures under the Land and Conveyancing Law Reform Act 2009. The Act sets out how neighbours can carry out works to a shared boundary and provides a route through the courts where agreement cannot be reached. Knowing where you stand before you buy means your first conversation with the people next door can be a friendly introduction rather than a negotiation over who pays for a new fence.
3. What condition is it in, and what will it cost to fix?
Look beyond a fresh coat of paint. Push gently on panels and posts, check for rot at ground level, and look for rusted wire, gaps along the base and sections propped up with timber or tied back with rope.
Pay particular attention where a fence sits on top of a retaining wall. Bulging, cracking or damp patches are warning signs, and because retaining walls hold back soil, they cost considerably more to repair than the fence above them. Mature hedges and trees along the boundary deserve a second look too, as they can hide failing fencing and push it over as roots grow.
If you have young children or a dog, or simply value your privacy, a secure boundary is not a luxury. Get a rough quote for any repairs and factor it into your offer.
4. Are there signs of disputes or informal access?
Boundaries often tell a story if you know how to read them. A new fence running alongside an old one, posts that don't line up with the neighbour's, a shed or oil tank straddling the line, or a gate leading straight into next door's garden can all point to a history worth exploring.
Long, unchallenged use of land can in some circumstances give rise to legal claims such as adverse possession or a right of way, typically after 12 years. Ask the vendor directly whether there have been any disputes, complaints or informal arrangements with neighbours, and make sure your solicitor raises the matter in pre-contract enquiries. If the answers are vague or evasive, treat that as useful information in itself.
5. Does it comply with planning?
Many buyers assume a fence never needs planning permission. In most cases that is true, but only within limits. A garden wall or fence is generally exempt provided it is no higher than 2 metres, or 1.2 metres where it bounds a garden or other space in front of the house. Further conditions apply: walls other than dry or natural stone walls must be capped, concrete block faces visible from a road or public area must be rendered or plastered, and metal palisade or security fencing is not covered.
Homes in open-plan estates need extra care, as conditions on boundary treatment in the original planning permission can call the exemption into question. On sloping sites, the planning authority is likely to measure height from the lower ground level outside the property. If there is any doubt, anyone can ask the local council for a Section 5 declaration on whether a structure is exempted development. A non-compliant fence may need retention permission, which is a cost and a delay you want the vendor, not you, to resolve.
The bottom line
Bring your solicitor and surveyor in early, and use a second viewing to walk the full boundary, photograph anything that looks unusual and put your questions to the selling agent in writing. Most boundary issues are entirely manageable when they come to light before an offer is made. The trouble starts when they surface after the keys have been handed over.
If you would like to discuss buying or selling a property, contact us on 061 415337 or email info@nestorshanahan.ie or visit nestorshanahan.ie.
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.
