An­gela Brown

Macclesfield Express - - SPORT - RE­LY­ING ON DE­VEL­OP­ERS

SAS Daniels LLP So­lic­i­tors WE live on an es­tate of de­tached houses built in 1999, and when we bought our house were told that there was a covenant in the deeds for­bid­ding the park­ing of car­a­vans and com­mer­cial ve­hi­cles on the drives and roads. But this is widely ig­nored, low­er­ing the tone of what is a nice es­tate. How should the covenant be en­forced, and by whom? YOU could ap­proach the orig­i­nal de­vel­op­ers, who may be pre­pared to en­force the covenant for the sake of their rep­u­ta­tion and to keep up the ap­pear­ance of the es­tate. They may ask you and other res­i­dents to chip in to pay for the cost of any le­gal ac­tion. If they’re not in­ter­ested in pur­su­ing this then un­for­tu­nately there’s prob­a­bly noth­ing you can do about it. I HAVE bought an ex-coun­cil flat ac­cessed through a shared porch. The flat (one of 12) is man­aged by a hous­ing association. All the porches are suf­fer­ing from sub­si­dence, but the hous­ing association dis­putes its own sur­veyor’s re­port. In­stead of claim­ing on their in­sur­ance (which will af­fect their pre­mi­ums), the hous­ing association is propos­ing to pass on the cost of the un­der­pin­ning work to the ten­ants. How can I force them to make a claim? THE hous­ing association must by law con­sult ten­ants about any build­ing work which is likely to cost them more than £250, so they will not be able to just start work and then send you a bill. I sug­gest you write to the hous­ing association mak­ing your views known and sug­gest­ing that a sub­si­dence claim is in or­der. Your lease doc­u­ment should de­fine the limit of your re­spon­si­bil­i­ties as re­gards main­te­nance work on your prop­erty. If nec­es­sary show this to a so­lic­i­tor.

WHAT GOES UP.....

MY mother’s fence was fas­tened to the out­build­ings at the bot­tom of her gar­den. When the fence fell down she or­dered a re­place­ment, but the neigh­bour who owns the out­build­ings asked our builder to stop work be­cause he was plan­ning to de­mol­ish them shortly and re­duce the height of the wall. We asked the neigh­bour to pay for the cost of tak­ing the fence down again, but our builder says it’s not worth fall­ing out over. TAKE your builder’s ad­vice! Tech­ni­cally your mother’s fence shouldn’t be at­tached to a wall be­long­ing to her neigh­bour; if the neigh­bour isn’t ac­tu­ally ob­ject­ing to her do­ing this he’s do­ing her a favour. I imag­ine it will be cheaper to at­tach the fence to the wall than to put in foun­da­tions for the fence posts on your mother’s land, and it would cer­tainly be neigh­bourly to wait for him to re­build his wall be­fore putting up the fence. I WAS in­ter­ested in your item about avoid­ing the need for pro­bate by spread­ing money around dif­fer­ent ac­counts. What is the jus­ti­fi­ca­tion for the Pro­bate Reg­istry charg­ing more for a per­sonal ap­pli­ca­tion for pro­bate on a will (£215) than when the ap­pli­ca­tion is filed by a so­lic­i­tor (£155)? THE courts sys­tem is un­der a di­rec­tive (in these times of aus­ter­ity) to re­cover its own costs via user fees. So a per­sonal ap­pli­ca­tion for pro­bate is likely to use up more staff time than where the forms are com­pleted by an ex­pe­ri­enced so­lic­i­tor. Also a per­sonal ap­pli­ca­tion will in­volve the cost of swear­ing an oath to con­firm that the in­for­ma­tion you are sup­ply­ing is ac­cu­rate. Those ap­ply­ing via a so­lic­i­tor will nor­mally swear this (for a fee) at the so­lic­i­tor’s of­fice.

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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