An­gela Brown

Macclesfield Express - - SPORT - AVOID­ING THE NET

Daniels LLP So­lic­i­tors I re­cently made a will and asked my so­lic­i­tor about safe­guard­ing my prop­erty for the ben­e­fit of my chil­dren should I have to go into care. He told me there was no way of do­ing this, since even if I trans­ferred my house to my chil­dren ten years be­fore hav­ing to go into care so­cial ser­vices could still re­claim the money from them. THAT’S not strictly true, but giv­ing away what is prob­a­bly your main as­set is a very se­ri­ous step: you should think care­fully about all the ad­van­tages and dis­ad­van­tages be­fore do­ing this. If your chil­dren were to die, get di­vorced or be­come bank­rupt you could lose the roof over your head. You could split the own­er­ship of your prop­erty by be­com­ing ten­ants in com­mon, thereby re­duc­ing the risk. You may never have to go into a home of course.

STAK­ING A CLAIM

I HAVE main­tained a small patch of land ad­join­ing my home for about 20 years. I fenced it in a few years ago for fur­ther pro­tec­tion. I have now ap­plied to the Land Registry to claim pos­ses­sion of this land, but it would ap­pear the for­mer own­ers have been no­ti­fied and they are now say­ing that if I don’t re­move the fence they will. THE law on ‘ad­verse pos­ses­sion’ – claim­ing other peo­ple’s land – changed in Oc­to­ber 2003. If you hadn’t oc­cu­pied the land for 12 years prior to that date, and the land is reg­is­tered at the Land Registry, the own­ers are no­ti­fied of your own­er­ship claim and have the op­por­tu­nity to ob­ject. It would ap­pear in your case that they have done so, so your claim will not be up­held and you will have to take your fence down. I have been un­able to pay my ground rent for sev­eral years be­cause I don’t know who owns the free­hold to my prop­erty. I have tried con­tact­ing the last known free­holder but my let­ters have been re­turned by Royal Mail. YOU’RE in an in­creas­ingly com­mon sit­u­a­tion: it’s very of­ten not cost ef­fec­tive for free­hold own­ers to col­lect sums that usu­ally amount to lit­tle more than the price of a few lot­tery tick­ets. How­ever un­der re­cent leg­is­la­tion you are no longer re­quired to pay ground rent for which you have had no de­mand, de­spite what it says in your lease. If the free­holder does wish to claim out­stand­ing ground rent the max­i­mum they can claim is six years of pay­ments. OUR neigh­bour has planted a row of conif­er­ous trees against the fence be­tween our prop­er­ties, which is less than three me­tres from our kitchen win­dow. At the mo­ment the trees are 2.5 me­tres high and flour­ish­ing and will make our house dark as they grow taller. What can we do legally? What would hap­pen if I chopped them down from our side? IF you chop them down your neigh­bour could sue you to re­place them with sim­i­lar-sized trees, which could be ex­pen­sive and fu­tile in the long run. But you have a rem­edy un­der the high hedges leg­is­la­tion. You can ask the coun­cil to in­ter­vene where a hedge ex­ceeds two me­tres and presents a bar­rier to light or ac­cess and ad­versely af­fects your en­joy­ment of your prop­erty. Your best bet is to dis­cuss this with your neigh­bour and ask him to keep the trees’ height at two me­tres.

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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