Angela Brown

Macclesfield Express - - SPORT - AL­MOST FREE THINK­ING AHEAD

SAS Daniels LLP So­lic­i­tors WE bought our house 20 years ago sub­ject to a chief rent of £10 a year. Re­cently they gave up ask­ing for pay­ment. In some cor­re­spon­dence it is re­ferred to as ‘ground rent’, in oth­ers as ‘chief rent’: can you ex­plain the dif­fer­ence, and what will hap­pen if it’s not paid? CHIEF rents (also called rentcharges) give the chief rent owner cer­tain rights over your prop­erty which are set out as covenants in your ti­tle deeds, and are of­ten wrongly con­fused with ‘ground rent’. The dif­fer­ence broadly speak­ing is that chief rent pay­ers own the free­hold to their prop­erty, while ground rent pay­ers are lease­hold­ers, own­ing the land for a fixed pe­riod only. Since Au­gust 1977 only cer­tain rentcharges could be cre­ated, th­ese be­ing mostly ‘es­tate rentcharges’ cre­ated for ex­am­ple to se­cure pay­ment for the pro­vi­sion of ser­vices or for the car­ry­ing out of main­te­nance. If you are MY wife suf­fers from Alzheimer’s dis­ease and is now un­able to do any­thing for her­self. She has an en­dow­ment pol­icy which is due to ma­ture shortly and we also have some money in a joint ac­count. I am wor­ried that my son may have a ter­ri­ble mud­dle to sort out. IT would be a good idea for your wife to sign a last­ing power of at­tor­ney if she has suf­fi­cient men­tal ca­pac­ity to do so, ap­point­ing you and/or your son to deal with her fi­nan­cial af­fairs should the need arise. If she is un­able to sign such a doc­u­ment you and/or your son can ap­ply to the

IN THE DARK

A NUM­BER of years ago we had a con­ser­va­tory built at the back of our house. Now our neigh­bours have planted conifers right up against it. Can we ask them to re­move the trees? They’re block­ing our light and we’re wor­ried the roots may be dam­ag­ing the foun­da­tions. YOU can ask the coun­cil to in­ter­vene if the hedge ex­ceeds two me­tres and it presents a bar­rier to light or ac­cess and ad­versely af­fects your en­joy­ment of your prop­erty. But in­volv­ing the coun­cil will cost money, and you will have to be able to show that you have made an at­tempt to re­solve the is­sue with your neigh­bour first. In the mean­time you are en­ti­tled to cut the hedge back to the bound­ary but no fur­ther. If this in­volved work­ing on a shared party wall you would need to give your neigh­bour no­tice of the pro­posed work. AN el­derly rel­a­tive died leav­ing her es­tate to her great-grand­chil­dren in her will. She had two daugh­ters, but the first was il­le­git­i­mate and given up for adop­tion in the 1940s. The es­tate has been di­vided among the grand­chil­dren of the le­git­i­mate daugh­ter, but the daugh­ter who was adopted has just be­come a grand­mother too: will this child have any claim on the es­tate? ADOP­TION severs the blood tie in law, so the child will not be con­sid­ered to be one of your rel­a­tive’s great-grand­chil­dren as far as the will is con­cerned. Un­der the Adop­tion Act 1976 the baby will be con­sid­ered a great-grand­child of the adop­tive cou­ple. 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.

asked for pay­ment you should pay up as long as you’re not asked for more than six years’ back rent.

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