PROP­ERTY LAW

Macclesfield Express - - HOMES - with An­gela Nigel Read Brown SAS Daniels LLP So­lic­i­tors

FARM­ING TRA­DI­TION

I LIVE on a farm which was owned 50/50 by each of my par­ents. They are both dead now, but the farm isn’t reg­is­tered at the Land Reg­istry. I’m slightly wor­ried about this and about in­her­i­tance tax, since I would like to pass the farm on to my own son. I TAKE it you in­her­ited ev­ery­thing from your par­ents ei­ther through their wills or be­cause you were their only child. You could ap­ply for pro­bate or let­ters of ad­min­is­tra­tion to their es­tates, and, if you are the sole ben­e­fi­ciary, trans­fer the farm into your own name if that has not been done al­ready (at which point it would have to be reg­is­tered).

If you have only one child your son may in­herit the farm the same way you did, but you should make a will to en­sure this will hap­pen. You may be able to claim relief against in­her­i­tance tax for farm prop­erty, but this is a com­plex sub­ject and you should seek proper ad­vice.

EX CAN STAY

MY part­ner bought a house with his girl­friend in 2006. They have a child but split up four years ago. She still lives there.

He has paid all the bills and the mort­gage and her name isn’t on the ti­tle deeds. If the house goes up for sale, what is he le­gally en­ti­tled to claim? SHE could ap­ply to the court to re­main in the house for the ben­e­fit of the child un­til the child reaches 18, or leaves school.

She could also ap­ply for some of the eq­uity in the prop­erty to be trans­ferred to her if she has con­trib­uted in any way.

Your part­ner could ask for the house to be sold if he can per­suade the court that his ex could live some­where smaller. He isn’t obliged to pay the bills but as the mort­gage is in his name he is con­trac­tu­ally obliged to pay that. He will prob­a­bly also have to con­trib­ute via the CSA un­less he can reach an agree­ment with his ex. He should see a so­lic­i­tor.

JUST ABOUT MAN­AG­ING

I OWN a lease­hold flat in a block of four. Who is re­spon­si­ble for set­ting up a man­age­ment com­pany: is it the ten­ants or the lease­holder? THE block should be man­aged by the lease­holder/land­lord, who will be re­spon­si­ble for main­tain­ing the fab­ric of the build­ing and the com­mon ar­eas and for which there will prob­a­bly be a monthly ser­vice charge.

Check your lease to clar­ify your rights and re­spon­si­bil­i­ties. You - the ten­ants - should only con­sider set­ting up a man­age­ment com­pany if you were dis­sat­is­fied with the way the flats are cur­rently be­ing man­aged, and even then it may be bet­ter to ap­point a dif­fer­ent man­ag­ing agent. The best op­tion is to get your land­lord to carry out his du­ties ef­fec­tively.

I DE­STROYED MY DEEDS

NEARLY 40 years ago I left my then part­ner in a house I owned.

I now learn that she has died, and the coun­cil has put a pos­ses­sion no­tice on the house. Some years ago I de­stroyed the deeds since I never ex­pected to have any­thing to do with it again.

Would I be able to prove own­er­ship af­ter all this time? PROB­A­BLY. The Land Reg­istry has a pro­ce­dure to es­tab­lish own­er­ship in the case of lost or de­stroyed deeds.

More ur­gently you should con­tact the coun­cil and let them know that you are claim­ing own­er­ship so that the no­tice can be re­moved.

If any for­mer neigh­bours can tes­tify that you lived at the prop­erty this will help with your ap­pli­ca­tion to the Land Reg­istry.

You should also be able to find the elec­toral roll for the pe­riod show­ing you lived there, and any other doc­u­men­ta­tion would be help­ful.

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.

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