PROPERTY LAW
CLAIM ON MY HOUSE
MY mother died 18 months ago and left me her house. However my stepfather is disputing the will and claiming a quarter of its value. I thought people could only make a claim on an estate if they were being supported financially by the deceased? THEIR claim would certainly be enhanced if they were being supported financially by the deceased, and your stepfather may well argue that if he was living in the house (presumably rent-free) this was in fact the case. A spouse generally has a strong claim under the family provision legislation; the issue will be whether your stepfather was left a “fair share of the family assets”. Whether he would be awarded a quarter of the house will probably depend on what else he was left by your mother. He may also be able to argue that he has contributed to the house and therefore acquired an interest in it. You need to see a solicitor if you haven’t already done so.
WAGONS ROLL
THERE’S a piece of land next to my house. The council says it’s unadopted, but it’s being used by wagons which are churning up the path. I want to fence it off to stop them using it. Am I entitled to do this? WHETHER the land is adopted or not merely means that the council either does or does not have an obligation to maintain it as a public road. It should only be the owner of the land that puts up any fence to stop the wagons using it. If you go to your solicitors they will be able to undertake a search against the plot of land in question to see if anybody owns it. You can then decide what, if anything, you can do with or without the consent of the owner.
‘TWAS ON A MONDAY MORNING...
MY plumber made a large hole in the ceiling to gain access to a pipe. I asked the firm of builders already at the property to give me a quote for the plastering, only to return one day to find they’d already done it! They then invoiced me for £130. I have two separate quotes of £75 for the job. Do I have to
pay the £130 invoice?
In the absence of a specific agreement as to the price, the customer must pay a “reasonable amount”, in other words the amount a similar firm would charge for the work done. Since you have two other tradesmen quoting £75 I suggest you arrange to pay that amount.
SORTING OUT THE HOUSE
MY father has died and I am trying to sort out his affairs. The house was in joint names with my mother, who intends to make a will of her own shortly. What do I have to do to transfer the house into her sole name and therefore make it part of her estate? IF the house is in joint names (described as “joint tenants” on the deeds) then the property is already owned by your mother and will form part of her estate. So there is actually no need for you to do anything at this stage, other than to place a copy of your father’s death certificate with the deeds.
»»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.