PROP­ERTY LAW

Macclesfield Express - - SPORT - GARAGE BLOCK

I AP­POINTED my for­mer so­lic­i­tor as my ‘Last­ing Power of At­tor­ney’ but he has been sent to prison for fraud and I un­der­stand struck off as a re­sult. Can he still act for me? I would pre­fer some­one else, but have been ad­vised it would be a costly mat­ter to re­voke his appointment. YOUR at­tor­ney should be some­one in whom you have the ut­most trust, so your cur­rent at­tor­ney would cer­tainly not seem to be suit­able given re­cent events. If you have men­tal ca­pac­ity and have al­ready reg­is­tered your LPA with the Of­fice of the Pub­lic Guardian (OPG) you can eas­ily re­voke the LPA by fil­ing a sim­ple writ­ten state­ment. The OPG can pro­vide you with fur­ther in­for­ma­tion and will not charge a fee for re­vok­ing your LPA. If you wish to ap­point an­other at­tor­ney you will have to com­plete a new LPA, and in­cur a fee of £110 un­less you are en­ti­tled to a fee re­mis­sion or ex­emp­tion. You should con­sider ap­point­ing more than one at­tor­ney, and name a re­place­ment if one is un­able to act. If nec­es­sary see a dif­fer­ent so­lic­i­tor about this. WE live in a semide­tached bun­ga­low, which has a shared drive­way. Our neigh­bour reg­u­larly blocks ac­cess to our garage, which isn’t usu­ally a prob­lem. But al­though we own our prop­erty lease­hold and theirs is free­hold, am I right in thinking they are not ac­tu­ally en­ti­tled to do this? YOUR ti­tle deeds may con­tain rules about car park­ing and the like which you could en­force, if the worst came to the worst, via an in­junc­tion. Free­hold or lease­hold own­er­ship won’t af­fect this. Take your deeds to a so­lic­i­tor, or if you bought your prop­erty com­par­a­tively re­cently you may be able to in­spect them on­line. I’m afraid how­ever that this is a com­mon prob­lem where prop­er­ties have shared ac­cess. You may just have to put up with the sit­u­a­tion if you want to main­tain a rea­son­able re­la­tion­ship with your neigh­bours. A dis­pute can make it dif­fi­cult to sell your prop­erty. A BUILDER do­ing some struc­tural al­ter­ations next door knocked through the di­vid­ing wall into our spare room while in­stalling a girder. We were very an­gry about this, al­though he said he would re­pair the dam­age. THE builder owed you a duty of care when car­ry­ing out those works to ex­er­cise rea­son­able care and skill. If the builder has breached that duty he needs to com­pen­sate you for the dam­age suf­fered. This could in­clude re­pair­ing all the dam­age (in­clud­ing, I hope, re­dec­o­rat­ing the room) if you are will­ing to let the builder do so and com­pen­sat­ing you for any losses that you have suf­fered as a re­sult of not be­ing able to use the room or by hav­ing to be present whilst the re­pair works are be­ing un­der­taken.

KEEP­ING US AWAKE

OUR new neigh­bours put their dog into their back yard ev­ery night. Its con­stant bark­ing un­til mid­night and be­yond keeps us awake since we’re pen­sion­ers and re­tire early. Is there any­thing that can be done? THE eas­i­est so­lu­tion would be to try to per­suade your neigh­bours not to put their dog out at night, or for you to switch to a dif­fer­ent bed­room in your house if that’s pos­si­ble. If they do not agree and the noise con­tin­ues you could con­sider com­plain­ing to the coun­cil’s en­vi­ron­men­tal ser­vices team. The coun­cil may serve a noise abate­ment or­der on your neigh­bour. If your neigh­bour breaches this or­der they could be fined up to £5,000. You should en­list the sup­port of any other neigh­bours who may be af­fected. If none of this works, you could seek ad­vice from a so­lic­i­tor about the pos­si­bil­ity of is­su­ing court pro­ceed­ings.

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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