PROPERTY LAW Angela Brown

SAS Daniels LLP Solicitors between a right of way (which is a right to pass and repass) and a right to possession. Your neighbours could acquire a right of way to use the path if they and their predecessors have done so for 20 years or more and, in some circumstances, they could apply to register this right. In order to bring a claim for adverse possession, they would need to show that they have been in possession of the land for either 10 or 12 years (depending on which rules will apply to your particular properties). If you wish to seek to stop a right of way from arising through what is called ‘prescription’ you should take advice from a solicitor. HOUSE OF DEBT WE recently bought a small house and are now receiving huge amounts of mail from banks, credit companies, hospitals etc addressed to a previous tenant here who appears to have been hugely in debt. We have no forwarding address and are concerned that bailiffs may arrive in an attempt to recover assets. I have posted some mail ‘return to sender’ but is there anything else that can be done? I TAKE it the previous owner of your house has no forwarding address for this person? It’s possible he, as landlord, was top of the list of people owed money. You don’t need to worry about the bailiffs, since they are only interested in the debtor’s property, not yours. However you should contact credit reference agencies such as Equifax and Experian to ensure that the tenant is no longer listed as residing at your property. Make sure the electoral roll is updated quickly too. CHIPPING IN I LIVE in the middle house of three in a terraced row. As a result my guttering doesn’t have a downpipe, but my neighbours want me to contribute to the cost of replacing their rainwater systems since they’re used by water coming off my roof. Must I chip in? YOU will have to check your title deeds to find out exactly what the position is. With some terraced houses you will find an ‘easement’ allowing you to discharge rainwater on to your neighbours’ property and also making you liable to contribute equally with your neighbours to the upkeep and repair of gutters and downpipes. LET’S BE FRONDS OUR neighbours have built up a flower bed and planted trees and shrubs against our boundary wall without our permission. The plants are preventing me maintaining it. IF you need to carry out maintenance to the wall you can ask your neighbour to remove the foliage to allow you access. You can trim up to your boundary but no further (if you go further your neighbour could have a claim against you). If any damage is being caused to your property by the foliage or the fact that you cannot maintain the wall you should speak to a solicitor to see if you can make a claim. If your neighbours do not agree to remove the foliage and allow you access you may be able to apply to court for an order granting you permission to go on to their land to carry out maintenance. If you can resolve this amicably it will save time and costs and hopefully preserve relations with your neighbours.

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