An­gela Brown

Macclesfield Express - - SPORT - FATHER’S HOUSE

Daniels LLP Solic­i­tors MY father has died and his house has been put up for sale. My brother wants to buy it for less than its mar­ket value, and says he can buy or sell it with­out my sig­na­ture. Is this true? I TAKE it your father didn’t leave a will, so no ex­ecu­tor will have been ap­pointed. In that case you can ap­ply to the pro­bate registry to ad­min­is­ter the es­tate your­self if your brother hasn’t al­ready done so. If he has beaten you to it he will be legally bound to act in the best in­ter­ests of all the ben­e­fi­cia­ries ie ev­ery­one who stands to in­herit. If other peo­ple, in­clud­ing your­self, stand to ben­e­fit from the sale of the prop­erty you will be able to sue him if he buys or sells the prop­erty for less than its mar­ket value and take steps to pre­vent the sale. THREE of my neigh­bour’s sil­ver birch trees over­hang my front gar­den, and the roots come right across the sur­face of my lawn tak­ing all the mois­ture from it so that the lawn is per­ma­nently dry and brown in sum­mer. Can I get him to re­move the over­hang­ing branches and do some­thing about the roots? A DIS­CUS­SION with your neigh­bour is the best start­ing point. He may be un­der­stand­ing and agree to ad­dress the prob­lem. If this does not prove suc­cess­ful then the law al­lows you to cut down any branches which over­hang your prop­erty (be care­ful to check the ac­tual bound­ary). Once you have done this, you must leave the branches in your neigh­bour’s gar­den as they are his prop­erty. In terms of the roots, you would need an ex­pert to con­firm that the dam­age to your lawn is be­ing caused by the tree roots. You may then be able to get a court or­der to sup­port your case for the re­moval of the tree. Please be aware that there is al­ways a risk when go­ing to court that you will lose your case and face a large costs bill. Try to reach a com­pro­mise.

CLAIM ON WILL

MY step­mother left her house to her son, who sold it for £100,000. In her will she also left her three step-daugh­ters (in­clud­ing me) £1,000 each, but when the es­tate came to be wound up there was no cash left. Can we claim our money from the house sale? I’M afraid not. The son was left the house, and you were left some money. If there were in­suf­fi­cient funds in the es­tate to pro­vide you with the money the be­quest ‘fails’: you have no right to claim the legacy from an­other part of your step­mother’s es­tate. I HAVE re­ceived my file from a credit ref­er­ence agency and was con­cerned to find that the firm is list­ing County Court Judge­ments against me which I set­tled years ago, and I have doc­u­men­ta­tion to prove it. Is there any way of get­ting this in­for­ma­tion re­moved from the com­puter? UN­LESS you paid off your debt within a month of the judge­ment a record of it will go on the agen­cies’ files and will nor­mally stay there for six years in one form or an­other. If you set­tle the debt at a later date you are en­ti­tled to al­ter the in­for­ma­tion on file by send­ing off a ‘cer­tifi­cate of sat­is­fac­tion’ from the court, which should en­hance your credit prospects al­though it won’t of course guar­an­tee that peo­ple will lend you money. If the CCJ’s have been on file longer than six years write to the ref­er­ence agency re­quest­ing that the in­for­ma­tion be re­moved.

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 mail@lawQs.co.uk

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