An­gela Brown

Macclesfield Express - - HOMES - IN­CLUD­ING THEM IN

Daniels LLP Solic­i­tors I AM think­ing of adding a rel­a­tive’s name to my house deeds, and was won­der­ing how easy this is to do? Would the rel­a­tive own 50% of the prop­erty or the eq­uity, since there is still a mort­gage on the house? YOU will not be able to do this with­out the mort­gage company’s con­sent and I also strongly sug­gest you take a solic­i­tor’s ad­vice first so that you are aware of the im­pli­ca­tions. By adding a name to your deeds you will in ef­fect be giv­ing away half your prop­erty – or half the eq­uity in it – un­less you in­struct a solic­i­tor to pre­pare a dec­la­ra­tion of trust which may re­flect own­er­ship of a prop­erty in un­equal shares. This means that you stand to lose the roof over your head if your rel­a­tive gets di­vorced, dies or goes bank­rupt, or even if he or she wants to raise money. So it’s cer­tainly not a decision to be taken lightly. If you in­tend trans­fer­ring the mort­gage to your rel­a­tive there could also be Stamp Duty Land Tax to pay. Don’t do any­thing rash.

GET HIM OUT

THE apart­ment above us is rented out by the owner, and all his ten­ants have caused prob­lems. But he ig­nores let­ters from the man­age­ment as­so­ci­a­tion and they will not take fur­ther en­force­ment ac­tion. How can we force them to do so? IF the man­age­ment as­so­ci­a­tion has the le­gal power to take ac­tion and it is owned by the flat own­ers such as your­self, you will need a majority of the flat own­ers to support you by pass­ing the nec­es­sary res­o­lu­tions. If not, there may be covenants in your lease en­abling you to force ac­tion. But it is quite pos­si­ble that nei­ther you nor the other flat own­ers have any power at all to en­force the covenants against the of­fend­ing owner. You need a solic­i­tor to look into the le­gal­i­ties and I sug­gest that you try to get other flat own­ers to join with you to share the cost.

WAS THERE A WILL?

MY wife died in­tes­tate and I was granted Let­ters of Ad­min­is­tra­tion. What hap­pens if a will is pro­duced at a later date? One of my nieces in­sists that my late wife made a will, even though a thor­ough search has failed to un­cover one. IT’S rare for a will to ap­pear at a later date. It’s much more common for el­derly peo­ple to prom­ise rel­a­tives that they will be looked after in a will when no such will ex­ists! If you have made a dili­gent search for a will but not found one, and you dis­charge your du­ties cor­rectly as ad­min­is­tra­tor, you can­not be held per­son­ally li­able for your dis­tri­bu­tion of the es­tate. If a will did turn up, a dis­ap­pointed ben­e­fi­ciary would have the right to sue the peo­ple who had ben­e­fited from the es­tate when you dis­trib­uted it.

SPARE THAT TREE

WE have a huge sycamore on our bound­ary which puts our gar­den com­pletely in shade. I asked our neigh­bours about re­mov­ing it but now somebody’s put a tree preser­va­tion or­der on it. Our deeds say no tree on the prop­erty shall ex­ceed 8ft in height. Is this le­gal? IT sounds as though this is a tem­po­rary or­der – a sec­tion 201 di­rec­tion – which must be con­firmed by the lo­cal plan­ning au­thor­ity within six months. You should have re­ceived a copy of the au­thor­ity’s rea­sons for es­tab­lish­ing the or­der and also a date – at least 28 days – by which ob­jec­tions must be sub­mit­ted. I sug­gest you make your ob­jec­tions known, and dis­cuss it with your lo­cal coun­cil­lor, since the coun­cil­lors will de­cide whether to rat­ify the or­der.

Call SAS Daniels LLP Solic­i­tors on 0161 475 Henry House, Hollinwood Av­enue, Chad­der­ton, OL9 8EF, or leave your query on the le­gal ad­vice line 0117 964 4794.

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