If the boundary posts defining your property are not correctly positioned, have disappeared or are difficult to find, this could cause problems with your neighbour or you may be in for an unpleasant surprise if you later decide to extend your house. It may also be that, decades ago, a former owner of the house planted a hedge along the boundary line – or what the owner presumed was the boundary line. In reality, the hedge could be two metres within the boundary and, for decades, your neighbour has been using – and consequently has the prescriptive right to – the two metres of land along his or her side of the hedge. If the hedge is 30 metres long, you will end up paying property value tax on 60 m2 on behalf of your neighbour.
Particulars of sale must include information about lot size. However, there are no requirements for documentation of this information. As a result, particulars of sale may continue to contain old, inaccurate figures. And you risk purchasing a property that is smaller than you think because your neighbour has acquired the prescriptive right to the land