In September of last year my partner and I purchased a house that was originally built as a council house over 50 years ago. The house comes with a shared side entrance. When we purchased the house our solicitor showed us the plans and the boundary runs right through the shared access.

Our neighbours use this access like a shed, and we struggle to get through with our bins and lawnmower. Is there any legislation that says this access should be kept clear, or is it fine for them to use it as storage as long as it's on their side? We want to find a solution without causing problems.

It is clear from the question that you are actually looking for legal advice. Therefore, it should be addressed with your solicitor. Invariably there are many more important factors that must be considered before [s]he will advise you how best to address the particular situation.

You do say you have purchased your house and that it was originally built as a council house over 50 years ago. Has your neighbour purchased their property too? In the event that they have not, and the council (or whomever does) owns it then it too ought to be aware of any potential intention[s] or agreement[s] that may affect its interest in the property.

There may be a covenant within the contract you signed when you purchased the property that already addresses the particular area in question. Your solicitor should be in a position to advise you if there is.

It is possible that the area in question may be classed as communal property. The area may have been depicted on the maps that you were presented with; however, it is possible that it is limited or restricted as it seems it is an access/egress route. Therefore, unlike other portions of the property, you may be prohibited from unilaterally doing as you wish with it.

You need to establish what plans exactly your solicitor showed you. Was it a measured survey of the plot of ground or was it a PRAI-compliant map or a folio map? If it was a folio map, it is worth noting the red line thereon is non-conclusive.

The boundary system adopted by the Land Registry under the Registration of Title Act, 1964, is known as a non-conclusive boundary system. The non-conclusive provision dispenses with the need for determining the exact location of title boundaries when defining the extent of registered properties and the ownership of the physical features which mark the limits of a property is left undetermined.

Have you tried speaking with your neighbour? They may not actually be aware of the issue and the difficulties their actions are causing you. It would be good to establish if there is any compromise that could be reached or agreed upon to obviate the situation. If there is, and you and your neighbour are both in agreement with it and can abide by that particular arrangement, then it will most likely be the best result for you both. It is important that you can both live side by side peacefully.

In the event that you cannot find a mutually acceptable agreement, then a measured survey of the particular plot, at a scale of around 1:50, is perhaps the best way to progress matters. You will then have recourse to a drawing that will accurately and precisely describe the spatial issue actually in existence or, worse still, that may arise if the area is not properly considered. Such a survey may also be used to settle any future agreement. Sarah Sherlock is a chartered geomatics surveyor and a member of the Society of Chartered Surveyors Ireland, scsi.ie