Macclesfield Express - - SPORT - BUSY PRI­VATE ROAD

WHILE you can get flat-pack ex­ten­sions, just as you can get flat-pack homes, most ex­ten­sions MY father has one of two houses ei­ther side of a pri­vate road. The houses own the road, which is also used by of­fices at the far end. A con­trac­tor has just started to build two houses near the of­fices, and has dam­aged a metal post that pro­tects the cor­ner of my fa­thers prop­erty. Does the con­trac­tor need per­mis­sion to use the road and what can we do to het them to re­pair the dam­age? YOUR father should show his ti­tle deeds to a so­lic­i­tor to find out more about the own­er­ship of the road. If his house is reg­is­tered and Land Registry the deeds should be avail­able on­line. They should show what per­mis­sion has been granted to the of­fices to use the road. Pre­sum­ably they will share re­spon­si­bil­ity for its up­keep. It’s un­likely that the builder would have started con­struc­tion with­out first en­sur­ing that he has a le­gal right of way to the new prop­er­ties, but stranger things have hap­pened. Your father should ask the con­trac­tor to re­pair the dam­age, but if all else fails sue for com­pen­sa­tion in the small claims court. I HAVE had a bill from the builder of my house for two year’s ground rent. Last year I wrote to him ask­ing for a num­ber of ‘fin­ish­ing-off’ jobs to be done. He didn’t re­ply, so I’m won­der­ing if I can with­hold the ground rent un­til the work’s been done. THERE’S no con­nec­tion be­tween the money you owe in the ground rent and the re­pairs that need do­ing, to the ex­tent that the builder, in his ca­pac­ity as ground rent owner, is not re­spon­si­ble for the re­pairs to your house. He may be able to start pro­ceed­ings to re­cover the rent, in which case you may be re­spon­si­ble for any le­gal costs in­curred. I sug­gest you pay your ground rent and warn him that if he fails to carry out the re­pairs you will sue him for the cost of get­ting them done. THERE are a num­ber of large trees at the bot­tom of our gar­den, most of which are dead. The trees aren’t ac­tu­ally on our land, but is there any­way we can make the own­ers cut them down be­fore the are blown down and dam­age our prop­erty. THE coun­cil has a statu­tory duty to en­sure that trees don’t en­dan­ger peo­ple or prop­erty. You can no­tify the coun­cil about any tree you think is in a dan­ger­ous con­di­tion, whether on pub­lic or pri­vate land. The coun­cil must by law trace the own­ers and give them 21 days in which to take ac­tion. If nec­es­sary the coun­cil can then make the tree safe and send the bill to the owner.

Call SAS Daniels LLP Solic­i­tors on 01614757676 or 01625442100. 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 Ol98EF, or email mail@lawQs. co.uk.

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