An­gela Brown

Macclesfield Express - - HOMES - LOST DEEDS COV­ER­ING EV­ERY AN­GLE

Daniels LLP So­lic­i­tors WE fin­ished pay­ing for our house last year. Since then I’ve writ­ten sev­eral times to the build­ing so­ci­ety ask­ing them to re­turn our ti­tle deeds. They can’t seem to find them. How will we ever be able to sell our house? BANKS and build­ing so­ci­eties seem to lose peo­ple’s ti­tle deeds on a regular ba­sis. Th­ese days home buy­ers reg­is­ter their prop­er­ties at the Land Reg­istry and lenders no longer re­quire the deeds. If you have ev­i­dence that your build­ing so­ci­ety was in pos­ses­sion of yours, you should ask them to pay for the process of reg­is­ter­ing your prop­erty at the Land Reg­istry now – which will en­able you to sell your house even­tu­ally. Get your solic­i­tor to write to them. I HAVE made a will leav­ing ev­ery­thing to my chil­dren. What would hap­pen if one of them died be­fore me? Would their share go to their fam­ily, or would it go to the sur­viv­ing ben­e­fi­cia­ries? WHAT hap­pens de­pends on ex­actly how the will was worded and whether you have in­cluded a sub­sti­tu­tion clause. Usu­ally peo­ple stip­u­late that if a child dies it would pass to their own chil­dren, their sur­viv­ing chil­dren or to some­body else en­tirely. If the will just says equally be­tween your chil­dren, Sec­tion 33 of the Wills Act 1837 may ap­ply which deems that you wish for your child’s chil­dren to in­herit. For avoid­ance of doubt – as there could be sev­eral dif­fer­ent out­comes – you should get your will checked by a suit­ably qual­i­fied solic­i­tor.


WE own a prop­erty on a mo­bile home park. Our dog died re­cently and we have been re­fused per­mis­sion to re­place it: un­der park rules this is ‘at the ab­so­lute dis­cre­tion of the park owner’. It ap­pears he doesn’t want dogs, but he bought this site when it al­ready had dogs in res­i­dence. I pre­sume he could seek evic­tion if we broke the rules, but since we own the prop­erty how would this work? YOU will have to check your lease to see what hap­pens. Pre­sum­ably you would have to move your home to an­other site. Did the new owner buy the park when you were al­ready there with your pre­vi­ous dog? If so, he may not be en­ti­tled to im­pose a new set of rules on you. The rules you signed up to will also be con­tained in your lease agree­ment.


I LIVE in a ter­raced row, and there’s a pas­sage­way that used to be for bring­ing coal to the back of the house. Do I have a right to use it? No-one seems to own it – it doesn’t seem to be marked on any­one’s deeds. IF the pas­sage­way is ad­ja­cent to your house it’s pos­si­ble that you own it, and if this is the case you don’t need a right of way to use it. Usu­ally the own­ers of all the houses in the row have rights of way to gain ac­cess to the backs of their houses. If th­ese rights are not specif­i­cally men­tioned in the deeds they have prob­a­bly been es­tab­lished by long us­age years ago. Just keep on us­ing it but don’t try to stop your neigh­bours in the row do­ing like­wise.

Call SAS Daniels LLP So­lic­i­tors on 0161 475 7676 or 01625 442100. Visit­daniels. 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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