PROPERTY LAW Angela Brown
THE house next door burned down many years ago and the land became a communal garden. But no-one has ever been in it, and my husband and I have looked after the plot for the last 11 years, providing plants and furniture and paying a gardener to tend to it every fortnight. It’s owned by the local council I think, but could we now say it’s ours? IN the past you could acquire land by fencing it off and using it as your own for 12 years. It’s now slightly more complicated. If the plot has been registered at the Land Registry then you would be able to make a claim for the land after 10 years, but the registered owner will be notified, and they will be given the opportunity to object to your application and require that your belongings be removed from the premises. If the property is still unregistered you could attempt to claim the land after 12 years, but to succeed you must demonstrate that during that period you have had exclusive possession of the land, that you intended to possess it (rather than merely have use of it) and that you have done so without the true owner’s consent.
BOXED IN
A CABLE box has been placed next to the side wall of my property. No-one ever contacted me about it, and I think it’s an eyesore that will affect the value of my property and also prevent me doing repairs to the wall in future. I have written to the cable company, the council and the planning department but what’s our legal position? UNDER the Electronic Communications Code, cable firms have the authority to dig up pavements and install cabling and connection boxes under and on public highways as long as they stick to certain guidelines. Local authorities or individuals can only force a change where the design fails to meet those guidelines – for instance if a connection box blocks the pavement causing a potential hazard. However, if the positioning of the box causes damp or other problems in your house at some time in the future you should be able to get the company to put it right.
KEEPING UP TO DATE
I LEFT everything to my son and his wife and children when I made a will some time ago. Unfortunately they have now split up and my son has moved away. Do I have to make a new will, or can I just change his address on the current one? YOU can’t just cross things out on your will. If you are changing the names of the beneficiaries – cutting your daughterin-law out of the will for instance – it will probably be just as easy to make a new will. Of course until your son is divorced his wife may be entitled to a share of anything you leave him in any case. You may also now wish to consider separate provision for your grandchildren, so have a word with your solicitor.
TAX EXEMPTION
I WOULD like to give my daughter some money. I have been told I can give her £3,000 for this year and another £3,000 for the previous year, free of tax. Is this true? YOU can give your daughter as much as you like. However if your