An­gela Brown


Daniels LLP Solic­i­tors OUR par­ents have died and left their house to the four chil­dren. It’s been over a year now, and three of us want to rent the house out while the fourth wants to sell it. What hap­pens in this sit­u­a­tion? WHERE a house is jointly owned – as your par­ents’ house is now – and one of the joint own­ers wants to sell, the pre­sump­tion pre­vi­ously was that the house must be sold. But now the ex­ecu­tors should con­sult the ben­e­fi­cia­ries and if no agree­ment can be reached they should follow the wishes of the majority. The fourth could ap­ply to court if he or she feels the ex­ecu­tors are act­ing un­fairly. The other three will prob­a­bly be able to buy out the fourth’s share at the mar­ket rate if they so wish. Get a solic­i­tor in­volved. WE have lived in this house for 42 years. I was the only one to sign the pur­chase doc­u­ments and we have also misplaced the deeds. What sort of prob­lems will this cause when one of us dies? YOU didn’t give me your ad­dress, so I can’t tell whether your house is regis­tered at the Land Reg­istry. Com­pul­sory reg­is­tra­tion was in­tro­duced in cen­tral Manch­ester in 1961, but the sub­urbs didn’t catch up un­til 1974. You, or your solic­i­tor, can quickly check whether or not your house is regis­tered on­line at the Land Reg­istry web­site. If it is regis­tered then it won’t mat­ter much that you have lost the ti­tle deeds; if it’s un­reg­is­tered and you have to prove that you own it, it will cause de­lay and un­nec­es­sary ex­pense if you need to sell it. You should con­sider vol­un­tary reg­is­tra­tion: it’s not ex­pen­sive, and you should also make wills if you haven’t al­ready done so. THE fence be­tween our gar­den and our neigh­bour’s is fall­ing down. We of­fered to go halves with the neigh­bour on re­plac­ing it, but he blankly re­fused. Are we within our rights to take the fence down, since it’s in a dan­ger­ous con­di­tion? WHO put the fence up in the first place? If your neigh­bour did (even if it’s on the bound­ary, and there­fore a ‘shared’ fence) he may claim that he owns it. So if you take it down he may ac­cuse you of crim­i­nal dam­age, and/ or in­sist you re­place it at your own ex­pense. If it’s in the con­di­tion you de­scribe you can prob­a­bly get round this by tak­ing pho­tos show­ing it was worth­less. If you put the fence up, or don’t know who put the fence up, and there’s noth­ing in your ti­tle deeds (you should check this) oblig­ing you to main­tain a fence, you don’t need to re­place it. WHAT can we do about some­one who is sell­ing ve­hi­cles out­side our house, on a res­i­den­tial street? None of the au­thor­i­ties seem to want to take any ac­tion. IF your road is be­ing used as a car show­room the po­lice should take ac­tion. Un­der the Clean Neigh­bour­hoods and En­vi­ron­ment Act 2005 it’s an of­fence to have two or more mo­tor ve­hi­cles parked within 500 me­tres of each other on a road where they are ex­posed or ad­ver­tised for sale. If the cars aren’t ac­tu­ally ad­ver­tised as for sale it’s more dif­fi­cult, although trad­ing stan­dards might be in­ter­ested in some­one pos­ing as a pri­vate seller who is in fact a dealer. Cit­i­zens Ad­vice may be able to help you with this. You could point out to the seller’s po­ten­tial cus­tomers that they have very few le­gal rights if they buy a car from him.

Call SAS Daniels LLP Solic­i­tors on 0161 475 7676 or 01625 442 100. Visit­daniels. If you have any le­gal ques­tions write to Weekly Law and You, MEN Me­dia, Mitchell leave your query on the le­gal ad­vice line 0117 964 4794.

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