PROPERTY LAW

PARTNERS OF A SORT

MY son is living in a house which he owns and his girlfriend is paying him rent. He also has some capital in shares. I have been told that, if they were to split up after living together for two years she would have a claim on his money. Is this correct? NO. The two-year rule applies only on the death of one of the partners. The Law Reform (Succession) Act 1995 gives a co-habitee the right to make a claim against the estate of a deceased partner whether or not they were supporting the surviving partner financially. Your son’s girlfriend is unlikely to have any claim on his house or capital if they separate unless she makes a substantial investment in the property or your son promises (either verbally or in writing) that she will have a share in it. If they marry or have children the position will change.

PIPE DREAMS

WE have applied to buy a field at the back of our house from the council. However a condition of the sale is that we would be responsible for a culverted stream that runs the length of the land. The pipe already leaks, and if we had to replace it, it could cost us thousands. What will be the extent of our responsibility if we buy the land? IDEALLY you should leave responsibility for maintaining the culvert with the council. This could be achieved by a simple covenant, and it could be argued that, if the stream is a public resource, the council has a duty to look after it. You should engage a solicitor to attempt to negotiate this for you. But if this isn’t possible I would be reluctant to take on responsibility for a leaky pipe!

HIDDEN DEPTHS

MY estate agent told me that the buyer of my house was an individual who was unable to make a higher offer. It turned out the buyer was actually a large firm. I feel the agents acted in the buyer’s interests rather than mine, even though I was paying their fee. IT’S possible of course that your estate agents didn’t know the identity of the buyer themselves. If you can prove that the agents weren’t acting in your best interests you could sue them for breach of contract; alternatively discuss the matter with the council’s trading standards officers. There’s an independent ombudsman who deals with complaints about estate agents if they are members of the scheme. If they have a personal or financial interest they may be in breach of their duty of disclosure under the Estate Agents Act.

NO EX-PECTATIONS

I HAVE a brother and an ex-wife. If I don’t make a will, who will inherit my property? IT’S possible your ex-wife could make a claim on your estate unless you have reached a financial settlement with her. She could apply to the court for provision under the Inheritance (Provision for Family and Dependants) Act 1975 unless her right to do so has been dismissed within financial proceedings connected to the divorce. You therefore need to look at the terms of the financial settlement reached with your ex-wife. If claims under the 1975 Act have been ‘barred out’ your ex-wife will receive nothing, and the entire estate would go to your brother, assuming there were no other relatives. I recommend that you make a will rather than allow your estate to be distributed under the intestacy rules.