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