PROPERTY LAW
ESTATE MANAGEMENT
MY mother and my aunt are about to obtain letters of administration for the estate of my cousin, who died recently. However my uncle had a lasting power of attorney. Will my mother succeed if she applies for an injunction to prevent him taking any part in the administration? SINCE your mother and aunt are applying for letters of administration (as opposed to a grant of probate) I take it the niece didn’t leave a will. In that case the closest family member to the deceased will be given authority to administer the estate. Your uncle no longer has authority to deal with his niece’s affairs, since power of attorney ceases on death. Where two people have an equal claim it’s usually just a question of who gets in first. If the three can’t get on it might be better for them to appoint a solicitor to deal with the estate.
ROUGH TREATMENT
I LIVE on an unadopted road. We used to get a reduction in our rates because of the lack of facilities, but under the council tax system I am charged the same as others who get their roads repaired and cleaned. Am I legally bound to pay for services I don’t receive? THE fact that the road is in a poor state of repair will no doubt have a bearing on the value of your property, which is what the council tax banding system is based on. So in practice you will probably be paying less council tax than if the road was adopted. If you feel your house has been placed in the same council tax band as properties worth more than your own you should contact the local valuation office to see if they will put you in a lower band.
NET RESULT
THE tenants in the house next door have put a window in the side of their bungalow which forms the boundary with our property, with the result that they can see right into our kitchen and bathroom. The previous tenant signed an agreement preventing him from doing this, but we have contacted the landlord and he doesn’t want to know. THERE’S probably a clause in your neighbours’ lease requiring them to obtain the landlord’s consent before carrying out any building work. But you can’t make the landlord enforce the terms of the lease. Unless the installation of the window contravenes planning laws or building regulations or a covenant in the title deeds to the house, you may have to invest in some net curtains. You have no automatic right to privacy. If you have any further concerns ask a solicitor to check out the terms of the lease.
FROZEN OUT
MY husband has left me and frozen our joint account, so no direct debits or mortgage payments are being made. I’m disabled, 11 years older than my husband, and we have a 16-yearold daughter. Do I have to sell our house in order to give my husband half the equity? I don’t want to move if possible because the house has been specially adapted for me. THE divorce court can divide up the family assets and property as it thinks fit. In your case it will take into account your need to keep the house, the fact that your daughter is living with you, your age and your earning capacity. Depending on how much equity is in the property and what other assets there are the court may decide to let you keep the house. See a solicitor immediately.
»»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