An­gela Brown

Macclesfield Express - - SPORT - COLD SHOUL­DER

Daniels LLP Solic­i­tors My son and his girl­friend have bought a house and are just about to move in. But they’ve dis­cov­ered that the cen­tral heat­ing boiler needs re­pairs which will cost hun­dreds of pounds. Can they get com­pen­sa­tion from the pre­vi­ous own­ers? THE start­ing point is al­ways ‘caveat emp­tor’ - buyer beware - but if the pre­vi­ous own­ers stated that the boiler was in work­ing or­der when re­ply­ing to your son’s so­lic­i­tor’s en­quiries be­fore he bought the house you may have a claim for mis­rep­re­sen­ta­tion en­ti­tling you to com­pen­sa­tion. But it’s likely that they won’t have re­ferred to it at all if they knew the boiler was faulty. In that case it was up to your son and his girl­friend to check it for them­selves. They should check this with the so­lic­i­tor that car­ried out their con­veyanc­ing work. The owner of the house next door has com­pletely bricked up the gap be­tween our garages and turned the area into a shed. I’m not very happy about this as I’m just about to put my house on the mar­ket. None of the other houses in the street have had the gap filled in. IF you raise the mat­ter now you will have to tell prospec­tive buy­ers that you have a dis­pute with your neigh­bour, and this could make it dif­fi­cult to sell your house. Check your deeds to find out who owns the land be­tween the garages: if you own half each he’s tres­pass­ing on your prop­erty. It’s pos­si­ble that you will find a covenant put in by the orig­i­nal builder bar­ring such ex­ten­sions with­out the de­vel­oper’s con­sent. If your neigh­bour has con­tra­vened such a clause he can be or­dered to take the whole thing down. It is prob­a­bly best, if you have any con­cerns, to ask your so­lic­i­tor to re­view the ti­tle deeds to your prop­erty and see if they can of­fer some ad­vice. My mother-in-law suf­fers from de­men­tia and hasn’t made a will. Be­fore she be­came ill she said she wanted her money to go to her three chil­dren. Is there any way of pro­tect­ing her wishes at this stage? IN the ab­sence of a will your mother-in-law’s es­tate will be dis­trib­uted ac­cord­ing to the in­tes­tacy rules, and the rules state that (as­sum­ing her hus­band is no longer alive) her chil­dren will re­ceive her en­tire es­tate. So it would seem un­nec­es­sary for her to make a will. If for some rea­son a will is nec­es­sary you should see a so­lic­i­tor about mak­ing an ap­pli­ca­tion to the Court of Pro­tec­tion. Eigh­teen months ago our neigh­bour hired a dig­ger to flat­ten out his rear gar­den. In the process they badly dam­aged our drive. I’ve ap­proached the neigh­bour on a num­ber of oc­ca­sions and al­though he’s as­sured me the drive will be re­paired I’ve now come to the con­clu­sion that he has no in­ten­tion of putting it right. YOUR best course of ac­tion is to get es­ti­mates from, ideally, three firms to carry out the re­pairs. Present th­ese to your neigh­bour and tell him if he doesn’t get the job done him­self you’ll get the work­men in and take him to court to re­cover the cost. De­pend­ing upon the value of the works, you may want to see a so­lic­i­tor. Take pho­to­graphs so you have a record of the dam­age and give the neigh­bour cor­re­spon­dence in writ­ing if you feel you need to.

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 email le­galline@ bt­con­nect.com.

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