When a Builder's Mistake Cost the Neighbour
How Michael's boundary dispute was resolved through land purchase
Michael had lived peacefully in his Cork home for over a decade when his neighbour decided to build an extension. The plans looked fine on paper, and the work began without incident. But when the extension was finished, Michael noticed something troubling: it seemed to cross over the line that divided their properties. He measured it carefully and realised the new build was extending 60 centimetres onto his land.
When Michael raised the issue with his neighbour, the builder was initially dismissive, insisting the plans were correct and that any overlap was minimal. But Michael wasn't prepared to let it go. He arranged for a proper survey to be carried out, which confirmed his suspicion exactly—the extension did indeed encroach on his property by that 60 centimetre margin. Armed with this professional evidence, Michael had a clear case and his neighbour knew it.
Rather than face a lengthy legal dispute, Michael's neighbour agreed to the most practical solution: they would purchase the strip of land that the extension occupied. This satisfied both parties—Michael was compensated fairly for the land, and his neighbour got legal certainty that the extension was now entirely on their own property. The dispute, which could have turned into years of tension and legal costs, was resolved with a straightforward property transaction. Michael got his justice, and both families could move forward.
What the Law Says
In Ireland, property boundaries are legally defined and protected. If a structure is built over a boundary line without permission, the property owner whose land is encroached upon has the right to take action. Solutions can range from forcing the removal of the offending structure (which is rare and expensive), obtaining an undertaking not to pursue the matter, or reaching a commercial agreement such as purchasing the affected strip of land. The law recognises that practical solutions are often preferable to confrontation, and property owners are free to settle boundary disputes by mutual agreement, including through land sales or rights granted by deed.
Time Limits Matter
If you discover a boundary encroachment, act quickly. While property rights don't disappear with time, the longer you leave a dispute unaddressed, the weaker your position may become. After 12 years of uninterrupted use or occupation without objection, a person may acquire legal rights over the land under adverse possession laws. Additionally, a property owner who is aware of an encroachment but does nothing about it for an extended period may find it harder to pursue a remedy later. Contact a solicitor as soon as you suspect a boundary issue—early advice can prevent the problem from becoming more complicated and expensive to resolve.