PROPERTY LAW

INSISTING ON OUR RIGHTS

We have been trying to purchase our freehold and everything seemed to be proceeding well until we discovered that the owner expected to retain several covenants in the original lease. We did have a solicitor at the outset, but he couldn’t see why we wanted to pursue this. Is there any further action we can take without it costing a small fortune? When you buy the freehold you usually agree terms in the transfer deed that release the obligation to pay the ground rent and the restrictive covenants. It is a matter of negotiation between the parties. But where the covenants benefit third parties the existence of them provides value to other neighbouring properties, and such covenants are common on ‘estates’ developed by builders. If your solicitor doesn’t think it’s worth pursuing, then it probably isn’t! I would contact the seller and establish clearly if they are willing to release the covenants before doing anything use.

ENDANGERING TENANTS

My daughter has been a tenant for over six years. She doesn’t have a very good landlord and has been complaining about the boiler for two years. The gas certificate was six months out of date, and the gas board have now condemned the boiler saying it has been leaking and my daughter and her children are lucky to be alive. Can she sue the landlord for endangering their lives? I don’t think your daughter would be successful in suing her landlord for putting the family at risk. Generally you can only claim compensation for ‘damages’, in other words actual loss or injury. However, your daughter should report the landlord to the Health and Safety Executive – 0845 300 9923 – which polices the Gas Certificate scheme. Landlords can be fined or even imprisoned for failure to have appliances checked every 12 months. If your daughter smelled gas she should have reported it to the National Grid without delay.

PASSING ON SALE BURDEN

I want to ask my children to take over responsibility for the sale of my property. I have moved out and am settled in a retirement apartment. I have already left the property to them in my will. How would I go about this, and what expenses can I expect to incur? You can grant one or all of your children a general power of attorney to manage your affairs during the house sale. But this is slightly cumbersome for a transaction that will only necessitate the signing of a few forms: arranging the power of attorney will require as much – or as little – involvement from you as selling the house. If you want to think a little more long-term, you may consider granting your children a lasting power of attorney so they could manage your affairs if you were no longer capable of doing so.

ROOT OF THE PROBLEM

A neighbour digs 4ft holes on the boundary of his garden and goes under the fence to cut off the roots of my plants and trees. He’s killed some plants and cutting the roots of trees could make them unstable. Is he legally entitled to do this, and would he be liable for any damage if a tree was to fall? Your neighbour is not entitled to dig under or reach over into your garden. It would seem that the encroachment of your plants is upsetting him, and it would be sensible to address the problem since it’s not something you’d want to resort to the law over. I suggest you offer to do any pruning required yourself. Since you’re aware that your neighbour’s actions could make your trees unstable, you could be equally liable for any damage if they fell.

Call SAS Daniels LLP Solicitors on 0161 475 7676 or 01625 442 100. Visit www.sasdaniels. co.uk. If you have any legal questions write to Weekly Law and You, MEN Media, Mitchell Henry House, Hollinwood Avenue, Chadderton, OL9 8EF, or leave your query on the legal advice line 0117 964 4794.