PROPERTY LAW
DARBY AND JOAN
MY husband-to-be and I are both pensioners. However behind my back my fiancé’s son has asked him to make a will leaving the house to him. What would be my position if he did this?
You would probably have a claim on the house in this situation, but you should take steps to resolve this issue now. I recommend that you see a solicitor together and make wills in contemplation of marriage. Your fiancé will probably want to make sure his son is provided for, which could be accomplished by leaving the house to him but allowing you to live there during your lifetime. If you were to simply put everything in joint names and make wills leaving everything to each other, then it’s likely that your joint fortune will eventually go to the family of whichever of you survives the other. This may not be what either of you intend, but it’s a common occurrence.
SETTLING IN
MANY years ago my wife and I bought a house for her parents to live in. Her parents made a contribution and we got a solicitor to witness a letter saying they could live there as long as they wished. Her parents have now moved into a care home. If we sold the house would their right of occupancy, via the letter, be the same as a life interest trust exempting us from any capital gains tax?
The letter giving your in-laws a right of occupancy will probably have established a trust which should qualify you as trustees for “principal private resident relief” from paying capital gains on a property which has been the only or main residence of persons entitled to occupy it under a settlement. It’s unlikely that HMRC will query this, but you may need assistance in establishing that your letter constituted a “settlement” if they do.
BACKWARDS AND FORWARDS
MY deeds say I have a “right to pass and repass” a lane that runs behind our garden. The deeds refer to it as a passage with shared maintenance but not a right of way. Now new neighbours are putting up gates, saying they own that section, and although they say I can use it I am sure they intend to lock the gates. Are they entitled to do this?
If your neighbours own the lane they may be entitled to put in a locked gate as long as all those with rights to pass and repass are given keys. Ideally you would show your title deeds to a solicitor for a definitive opinion. Your neighbours certainly won’t be able to bar your way completely but can enhance security for their property provided that there is not a material interference with your access rights.
LEASE TERMS
MY house has a 999 year lease. About 15 years ago the agents who collected the ground rent offered to sell me the freehold. I declined, but shortly afterwards I stopped receiving invoices and as a result haven’t paid any ground rent for over 13 years. What’s my legal position?
Depending on the wording of your lease, it may be the case that the ground rent is payable whether it is formally demanded or not. If you come to sell the property you may have to make an allowance to the purchaser for six years’ ground rent or take out indemnity insurance. You should obtain a copy of your lease (from the Land Registry or via your solicitor if they hold your title deeds) however and make sure you observe its terms. Your landlord, or their successor, could re-appear and send you a ground rent demand or a demand for payment of the arrears. »»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