PROPERTY LAW

COME OFF IT

When I divorced several years ago I agreed to a lower settlement in return for my husband paying to have my name removed from the mortgage. But even though he has remarried I am still on the mortgage, and the bank tells me this can only be arranged through a solicitor. Is there any way I can resolve this without cost to myself? Unless you are still registered as an owner (you can check this online at the Land Registry website) it’s not clear why the bank would need a solicitor’s involvement. It’s possible your husband can’t convince the bank that he is able to pay the mortgage on his own, which is why they won’t release you from your obligations. If you had a consent order approved by the court as part of the financial settlement when you divorced, then this should have dealt with this issue and provided timescales. If this is the case then that consent order can be enforced. If you don’t have a consent order and you need this sorted out you may be able to make an application to the court to force the issue.

CLOSE ENCOUNTER

We own a bungalow which is described as link detached as it is part linked by a party wall. The remaining section of the wall is detached. Our neighbour is proposing to build a side extension along this section of wall, which means we will no longer have access to maintain gutters or brickwork. Our leasehold agreement clearly states that we must have access, yet the planning proposal seems to be going ahead. Can the conditions of a lease be overruled in this way? You should consider contacting the freeholder, or the agent to whom you pay your ground rent, to see if they are interested in pursuing this. It may be a condition of your leases that the freeholder is notified (and paid) if you wish to make alterations to your properties. Normally the planners do not give permission to build right up to the boundary, so you may still have limited access.

SWAMPED

My flat was damaged when the toilet cistern in the flat above me overflowed while the owner was on holiday. His insurers will not pay out, on the basis that the owner had turned off his water supply before leaving and the leak was therefore unforeseeable. I feel that, since there are two full water tanks in his loft, he should have known that a leak was possible even if he turned his water off. If you have your own insurance and the damage is significant, it would be worth informing your insurers so that they can pursue the claim on your behalf. It’s unlikely that your neighbour’s toilet will be supplied by water tanks in the loft, which suggests he didn’t turn his water off. If you can prove this, the insurers may change their tune.

STRINGS ATTACHED

WE bought a house in a group of 12 in 2009 which are all freehold. The builder stipulated that we must all pay for a management company to look after the site, but this is only £30 a month and nothing is done. Three of the residents are directors of this company. Now we have found out that we can’t sell without the builder’s permission. We feel the house isn’t ours. The clause about selling your property doesn’t ring true. Your solicitor will be able to establish what the situation is by looking at your title deeds.

»»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