Daniels LLP Solicitors A FRIEND lost her husband recently and tells me she has no claim on her bungalow, car or furniture as her husband gave all his possessions away, including most of his money, after his son became involved in a religious sect. She now has to vacate the bungalow. What is her legal situation? IF the husband gave away his possessions in his will your friend can make a claim against the estate under the Inheritance Act 1975. An application must in most cases be made within six months of probate being granted. Even if the husband gave away his property before he died the wife could still make a claim, on the basis that her husband disposed of property that didn’t wholly belong to him. You should advise her to see a solicitor immediately.
MY WALL’S HALF HIS GREENHOUSE
MY neighbour has put up a greenhouse in his back yard so that it almost completely covers the outside wall of my kitchen extension. Since I have to maintain this wall it could present a problem in the future. Is he allowed to do this? TECHNICALLY your neighbour should have asked your permission (under the Party Wall etc. Act 1996) before fixing anything to your property. However it’s very common for neighbours to make use of the walls surrounding their property in this way. You could point out to your neighbour that you may need to be able to get to the wall at some stage in the future. This assumes that the wall belongs to you: you may have raised the height of a jointlyowned boundary wall to build your kitchen extension. In that case I LIVE in a bungalow on a private estate, where the highest fence you’re allowed is 7ft. However my neighbour has grown a conifer hedge eighteen feet high, which overhangs my garden. Unfortunately I’m 90 and can’t cut the hedge back myself. Can I get my neighbour to pay for someone to come in and do the work? THE neighbour should probably reduce the height of the hedge as well as the overhang. You should get hold of a booklet from the planning department called ‘Hedge Height and Light Loss’ which explains the recommended heights of hedges according to their effect on light reaching neighbouring gardens and houses. The simplest solution would be for your neighbour to reduce the hedge height to two metres, but if he refuses to take action you can ask the council to intervene.
PAY THAT BILL
WE moved to a new house last year but I still owe about £250 in council tax from our previous address. We are now being taken to court and they’re threatening to send in the bailiffs. However our new property is in my wife’s name: can the bailiffs enter a house that belongs to someone other than the debtor? IF your wife lived with you at your previous address she will be jointly liable for payment of the arrears. The bailiffs can enter any address where you are living in order to seize your property. Don’t wait for matters to reach that stage: you may be able to negotiate with the council to pay by instalments. But if you refuse to pay then the court could even send you to prison as a last resort.
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