PROPERTY LAW

ALTERING A TITLE DEED

I AM an only child and have inherited my mother’s house. My name is already on the deeds along with my late mother’s, but I’d like to know how to go about changing the deeds to my sole name. Will I need to involve a solicitor? IT isn’t necessary, strictly speaking, to alter anything if your name is on the deeds as a beneficial joint tenant. But assuming the property is registered at the Land Registry you will be able to change the title details by completing form DJP and sending it, together with your mother’s death certificate, to the local District Land Registry. They will then update their records free of charge. If the property is unregistered you would probably be better off seeing a solicitor.

PUB PROBLEM

I DECIDED to buy a pub, with the intention of moving in before Christmas last year, and gave the firm handling the sale a £7,500 deposit. It now turns out that there was never any prospect of taking the pub over until the end of this summer, but the sellers refuse to give me my money back. UNLESS you have actually exchanged contracts to buy the property you are entitled to your money back. A contract to buy land (including houses etc) is different from a contract to buy or sell anything else, in that it must be in writing: if the transaction should fall through before contracts are signed – for whatever reason – any preliminary deposit must be returned. If you have already exchanged contracts you should see your solicitor urgently. It may be difficult to back out now unless you can show that you were deliberately misled by the people selling the pub. The contract should have contained a clause specifying a completion date, and if the sellers are causing the delay they will be liable to compensate you.

FACING A BRICK WALL

WHEN I first moved into this house 20 years ago there was a fence between our drive and next door’s. Then my neighbour took the fence down without consultation when he had the drive paved. Now he tells me he’s going to build a wall, whether I like it or not. Do we have to agree on this, or can he build it without my permission? IF your neighbour is planning to build the wall along the boundary it will be what’s known as a ‘party fence wall’ and ideally he should give you notification (and the opportunity to object) under the Party Wall etc Act 1996. He probably won’t do this. But rather than head down the route of expensive litigation, I suggest that instead you co-operate, and ensure (for example) that the pillars supporting the wall protrude into his drive, not yours. Arguably, if the wall is built on his land, there is probably very little that you could ultimately do.

IN CHANCERY

WHAT happens to the money of people who die without leaving a will and whose relatives are so distant they cannot be traced? IN these circumstances the deceased’s estate passes to the Crown, or where appropriate, to the Duchy of Cornwall or the Duchy of Lancaster. In practice the Crown (or the Duchies) will often pay all or part of the money to someone who seems morally entitled to a share. Anyone financially dependent on the deceased (whether or not they were related) can apply for provision through the Chancery section of the Court Funds Office. If you’ve discovered a late long-lost wealthy uncle I suggest you make an appointment to see a solicitor promptly, since time limits may apply. »»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