Q. I bought the site on which I built my home about 13 years ago. The background was that someone in the locality (I’ll call him Person A) had gotten a site from his father, started brickwork up to about five feet etc., but the money ran out. He emigrated and the bank took the site back and sold it to me. Before I bought it, I went to meet the father just to make sure there weren’t any hard feelings. The father told me that they were glad someone would get the use out of it. I had to go and get new planning permission due to time passing, and it took me three years to complete the home. We’ve been living there for about 10 years now. Person A has now been onto me seeking compensation for the initial ground works (which I did use) and for the initial block laying (which I I had to tear down and start again). He said that the bank sold the land, but not the value of the works. What should I do?
Dear Reader,
When you purchase a property, be it from a private seller, a company, or a bank in the cases of repossession, you are buying the land and everything that stands on it – unless the contract for sale specifies otherwise. Very frequently, in repossession cases, homes or sites are sold ‘as is’, which is to say that the site and all built on it are yours – to use or dispose of as you see fit.
The bank’s mortgage entitled them to, in the event of a non-payment of the loan, sell the property, which included anything left thereon.
- External Walls: Up to €8,000 Grant
- Attic: Up to €1,500 Grant
- Cavity Walls: Up to €1,700 Grant
- Internal Dry Lining: Up to €4,500 Grant
Even if the homeowner had a valid claim in law, such would most likely now be statute barred. Claims in respect of lands must be taken within 12 years of the date of loss – which in your case would have been the date the property was repossessed. It is possible that Person A did not know about the repossession, but that was most likely due to the fact that he had emigrated and was actively trying to avoid the matter.
Clearly, the family knew about the sale – and I presume that you have been living happily with them as neighbors for a decade.
All of that said, I cannot see any legal premise for Person A being able to claim any compensation or anything in relation to the land. However, if a legal summons or other document is served upon you, do consult with your solicitor immediately. However, I doubt person A will spend the money issuing a summons for something which really has no prospect of success.