Browtal,
Read my sig disclaimer below - I composed it both to protect myself when giving advice in a public forum and to protect the recipients of that advice.
You have had limited advice based on giving us a limited amount of information - that's all.
Five years used to be the time allowed for local authorities to take action against unauthorised development, written into planning law in the 1994 Planning and Development Regulations if I recall correctly.
This in turn - if memory serves - was a recognition of a High Court Decision where a local authority took an enforcement action against an advertiser who owned a hoarding - the Judge ruled that they had had plenty of time in which to act and failed to do so before five years had elapsed.
The Planning and Development Act 2000 revisited the Judges ruling in three ways.
1. The new limit for taking action against unauthorised development is 7 years, not five, from the date its erected.
2. The new limit for taking action against development built in a non-compliant manner consequent on permission is effectively 12 years from the date of grant, although given the time taken for the development to be built, it till be less than 12 years from the date of completion.
3. There is no limit for taking action against an unauthorised use of land, for example mining or quarrying, and I suppose this might cover dumping and pollution, although this is covered under the Waster Management Act and the EPA Legislation IIRC.
So the Council may well have been correct - at one point it was five years from the date of the offence.
In relation to Certification by a professional, the statute of limitations applies and as far as I know that limits your taking legal action to 6 years from the date of the certificate, 12 years if it was issued "under seal" - a very unusual thing in a private housing estate.
Whatever about easements, adverse possession may be claimed by the adjoining owners.
Having built on the land they occupy it and may have developed a secure claim to it after more than 12 years.
You may find this link from the Land Registry website useful - click the accept button below the disclaimer to proceed.
http://www.landregistry.ie/eng/Prac...tle_By_Adverse_Possession_To_Registered_Land/
See Section 3 - Statute of Limitations
There are some "outs" - fraud, mistake or disability.
Fraud IIRC runs from the date on which it is discovered.
In your case you knew of this at some point a good while ago.
We still don't know when you first discovered the trespass.
We still don't know when you reported it to the Council.
Without these facts we cannot offer precise advice.
In terms of selling your property, we know that a piece of the adjoining house was built on it.
If the work was done 12 years ago, you may have little chance of redress - but we just don't know
You don't seem to have the legal standing to challenge any adverse possession claim they might make.
If your solicitor issues a deed of rectification ceding the land to them there may be no problem with your sale.
There are new laws coming into place every year, which you should be very aware of dealing with neighbours like the one you describe.
http://www.landregistry.ie/eng/Legi...land_and_conveyancing_law_reform_act_2009.pdf
Look at Chapter 3 -
Party structures
Depending on whether you are doing the work or your neighbour is, the provisions in this section can work for or against you.
The provision to levy a charge against your neighbour for benefits accruing from works you do will no doubt generate a lot of business in the Four Goldmines.
ONQ.
[broken link removed]
All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
