PROPERTY LAW

SQUATTERS’ RIGHTS

Can you tell us how we go about claiming “squatters’ rights”? The CAB, the Land Registry and the council all tell us to see a solicitor. That’s probably good advice. If you are living in a property or using a piece of land without the owner making any attempt to reclaim it, you may be able to claim ownership through “adverse possession”. You would have to be able to provide evidence that you had used the land as your own without challenge, and would be required to make a statutory declaration to this effect. If the land in question is unregistered then adverse possession can be claimed after 12 years’ occupation. If the land is registered then 10 years’ occupation is required but it is harder to make a successful claim for adverse possession if the land is registered as the owner will be notified and can rebut the claim.

THE SCENIC ROUTE

My neighbour has a pedestrian right of access at the rear of my house. I want to build an extension which will mean that he will have to walk further round to reach his own back door. He’s happy to do this, but should I obtain his agreement in writing, or will I need to get a solicitor to alter our deeds? It depends whether your title deeds show a specific path by which your neighbour has a right to cross your land, or whether he just has general access. Even though your current neighbour is happy to walk round, you don’t want a future owner of the house next door claiming he has a right to walk through your kitchen! Check your deeds thoroughly and if you’re in any doubt see a solicitor.

GETTING THE BUILDERS BACK

My daughter bought a terraced house four years ago. Two years before she bought it the house was done up by the council under a renovation scheme, which included complete rendering of the property. There is now serious damp in the front of the house and the council refuses to do anything about it. Surely the council must have obtained some guarantee from the contractors? Usually only the people who bought the product or paid for the service – the people who entered into the contract – can complain when things go wrong. Sometimes when you buy a house you can buy the guarantees that go with it, however your daughter will probably have bought the house “as seen”. If there’s any suggestion that the defect should have been spotted by her surveyor she should discuss the matter with her solicitor.

MONEY DOWN THE DRAIN

I live in a close of seven houses built 30 years ago. When a drain blocked recently we discovered that a pipe had partially collapsed and will cost £6,000 to repair, including digging up two gardens. The local authority and the water company say it’s not their responsibility, and our insurers say the damage comes under “wear and tear”. It can be an expensive business repairing drains on private property; the chances are they are your joint responsibility up to the point where they leave private property, but check with your solicitor. Make sure you get a number of competitive quotes for the job. The cost of the repairs should be shared equally by all the houses affected, so at least the burden will be spread. Speak to your neighbours about sharing the cost. »»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