Q We recently bought a ground- floor apartment from a developer. We soon discovered rainwater was leaking into the livingroom from the patio door and that there was a draft. The builder reset the doors and used a sealant before Christmas, but it didn't fix the issue.

After lying on the floor, we realised a rubber trim was missing from one of the doors, creating a gap allowing the rain and wind to come in. We tried to get a replacement seal but have been told it is unique to the door supplier. The builder promised to repair it but we are still waiting.

We have been told the door supplier has gone out of business. In the meantime, our floor is being damaged.

We don’t believe this is covered by Homebond, so what are our options? Replacing the doors and claiming the cost from the builder?

A The legacy of the previously uncontrolled building industry and resultant leaks, drafts, damp patches and defects are the bane of many people’s lives. The fact that there appears to be no recourse to anyone, despite insurance bonds and guarantee schemes, only adds to the misery for many hard-pressed home owners, many of whom bought at the top of the market.

This problem will get worse unless you mitigate your loss. With building defects and particularly water penetration, the old proverb of a stitch in time saves nine rings true. You need to act fast in this case as failure to do so will lead to more pronounced damage and possibly loss of your floor coverings.

It appears to me that you will be unable to compel the builder to act quickly and you will be unlikely to recover any meaningful costs from him. The cost of pursuing him would be considerably more than the actual cost of repair. You would also need a detailed report on the doors to start this process.

Full replacement of the doors sounds extreme. The gap you mention appears to exist on one door leaf only. It appears that a proprietary seal or gasket is missing from the door. The chances of obtaining a replacement are remote, as the manufacturer is gone out of business.

You should employ a tradesperson to carry out a localised repair at the base of the door in question. A compressible illmod tape or similar should be inserted on to the bottom threshold frame. This should seal the gap when the doors are closed.

These adhesive tapes are used in window and door installations where a small gap exists in the joints between elements and water, and draft-proofing is required.

This should prevent drafts and ingress of wind-driven rain. The tape may need to be replaced more regularly than a proprietary gasket, but it should offer an immediate, albeit temporary solution.

The cost of this type of repair should not be significant and should prevent more substantial damage and cost. You can then continue to follow up with the developer as he may have “spares” for the door system in question. Noel Larkin is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI) Building Surveying Professional Group

Squatters’ right

Q My query is in relation to squatters' rights. I own a parcel of land that adjoins another parcel of land and which is separated by a fence. While I have had a good relationship with the owner of the adjoining parcel of land, recently he has claimed that the fence is in the wrong position and that he owns a portion of my parcel of land. I have owned the land for almost 25 years and I am wondering if I am entitled to squatter's rights.

A Before you take any particular course of action in relation to this you should obtain as much information as possible concerning your ownership of your parcel of land. You have not indicated what documentation, if any, you have in your possession.

You need to source your deeds, which hopefully will have a map with dimensions attached, the Land Registry folio with the file plan (map) if the property is registered, and any other relevant historic information or evidence you can source that will enable you to prove the length of time and extent of your ownership.

Note, however, that the Land Registry maps have non-conclusive boundaries. There may be useful information contained in the relevant instrument which can also be obtained from the Land Registry. You may need the assistance of a chartered geomatics surveyor to interpret the relevant boundary information and compare it against the actual boundary fence position on site. You do not state how much land is in question or the nature and permanence of the existing fence.

You may find from this information that your legal title covers all the land in your possession and that it will not be necessary to claim squatters’ rights (adverse possession), or if it is necessary to claim, having the information will be of significant benefit to your solicitor.

Claiming adverse possession can be a complex process which necessitates legal advice. You state that you have owned it for 25 years. This is considerably in excess of the 12 years possession requirement for adverse possession, which must be continuous and unchallenged.

However, do consult your solicitor. An overriding consideration when any land boundary issue arises is to prevent it from escalating to a contentious dispute. Try to maintain a friendly dialogue with the adjoining owner but maintain a record of all contact between you, especially dates.

As with any such boundary issue this has the potential to escalate and end up in litigation, in which event it could be a long, stressful and very costly process with an uncertain outcome. Avoid it if possible.

Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of SCSI

Rent-a-room

Q We have a stone-built building (formerly a stable) to the rear of our house on a Georgian terrace which is accessed either through the main house or via a secondary road to the rear and through the gardens. When our children were in college, we converted this to a study/living area with facilities such as a shower, toilet and kitchenette; the hayloft was converted to a mezzanine-type bedroom. The unit does not have independent utilities (light, heat, water etc) and these are extensions of the main house facilities. We are considering upgrading the unit with a view to possible future letting and we are wondering if this would qualify under the Revenue "rent-a- room" scheme.

A Sums arising to an individual in respect of the letting, for residential purposes, of a room or rooms in his/her home, including, for example, sums arising from lettings to students for an academic year, and the provision of meals or other services supplied in connection with the letting, may be exempt from income tax where they are below the annual limit for the tax year in question (currently €12,000 per annum). Thus, these profits are disregarded for income tax, PRSI and USC purposes. This relief, known as rent-a-room relief, was introduced with the aim of increasing the availability of rented residential accommodation. The governing legislation is contained in section 216A Taxes Consolidation Act, 1997.

The room or rooms must be in a residential premises in the State that is occupied by an individual as his/her sole or main residence during that tax year. An individual may live in more than one residence but can only avail of rent-a-room relief in respect of his/her sole or main residence.

In general, an individual’s sole or main residence is that individual’s home for the greater part of the time and where friends and correspondents would expect to find him/her. It is not possible to let an entire residence because the room or rooms that are let must form part of the residence and the residence must be occupied by the individual receiving the rent as his/her sole or main residence.

The room or rooms can comprise a self-contained unit within the residence, such as a basement flat or a converted garage attached to the residence.

However, a self-contained unit that is adjacent to the residence but not actually attached to it cannot qualify for the relief.

It is unclear from the wording of your question whether your stone-built building (that was formerly a stable) is actually attached to your main residence or is a separate building altogether and consequently I trust that you can decipher for yourself if it would qualify from the information I have provided.

The above information is to the best of my knowledge as at today’s date however, I would also recommend that you check with your financial advisor and/or local tax office before proceeding.

Karol Jackson O’Shea is a residential agency surveyor and a member of the SCSI

Send your queries to propertyquestions@irishtimes.com or to Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2. This column is a readers’ service. Advice given is general and individual advice should always be sought