PROPERTY LAW
NO SHORTCUT
MY house is landlocked and I have only pedestrian access across the neighbour’s front garden. I have MS which is worsening, and need to be able to drive to my front door. The neighbours initially agreed to this, but then changed their minds. Can I force them to give me access on disability grounds? I’m afraid not. You probably have an easement or a Right of Way across their land on foot only, but it’s entirely down to your neighbours whether they allow you vehicular access as well. To allow this may well devalue their property, which could be the reason they had a change of heart. The legislation governing disabled access applies only to service providers I’m afraid, and not to private individuals. I would suggest that you contact a solicitor to consider your title deeds to establish what rights you have.
FREE PARKING
MY husband built a lock-up garage 40 years ago on land which he leased on a yearly rental. No rent has been asked for since 2007, but a similar row of garages has just been bought for redevelopment with just two days’ notice to vacate. Would I be able to claim the land after continued and uninterrupted use over 10 years? How can I find out if there are any plans for this area? Check with the council’s planning department to see if anyone has requested planning permission to develop the area. You may be able to claim to own the land by “adverse possession” if your lease expired in 2007 and you have used the land since then openly, without acknowledging the owner’s rights and without having your ownership challenged. However if the land is registered the owner may have the opportunity to contest your claim. This is a complicated area of the law and you should see a solicitor who will need to check the contents of the lease and nature of your occupation since 2007.
CASH OR MY MARRIAGE
AN elderly relative wants to leave me some money in her will. But she is adamant that she would not leave me anything if it meant my wife would have a claim on the money should we divorce. She says this is the law: is this correct, and is there any way round it? If you were to divorce, your assets would be divided by the court (if you couldn’t reach agreement between yourselves) and any money you have already inherited would come into the equation. Your joint assets, including your inheritance, wouldn’t necessarily be shared equally. The court takes a large number of factors into account. The alternative may be for your relative to put the money into a trust for you.
PART PAYMENT
IN April I called out the plumbers when my boiler didn’t heat the water. They fitted a new part, but the problem reappeared within an hour and they came back and fitted another part. Two months later I had the same problem and the replacement part was found to be faulty. I was amazed to get a bill for £156 to replace the faulty part. Do I have to pay this? Your contractual relationship is with the plumber direct, so you should take up the issue with them. It’s possible that the plumber has a cause of action against the manufacturer, but that is potentially up to them to pursue. Ultimately, if you refuse to pay, the plumber can issue proceedings in the small claims court for the amount outstanding, plus interest and costs. However you are likely to have a defence to the claim. »»Call Bromleys Solicitors LLP on 0161 330 6821 or visit www.bromleys. co.uk If you have any legal questions, write to Property Law, MEN Media, Mitchell Henry House, Hollinwood Avenue, Chadderton OL9 8EF, or email mail@ lawQs.co.uk