PROPERTY LAW
WHAT CAN SHE CLAIM?
I HAVE recently divorced. We have the children alternate weeks and are currently awaiting the final settlement of our financial affairs once the house has been sold. We both work and are in pension schemes. Will a court be able to allocate cash from my pension to be paid to my ex-wife? The court now has the power to divide pensions, but it’s a complicated business and if you have other joint assets – such as a house – it may balance the division of your property using those. Your solicitor should advise you how your property can be split fairly. As regards to the children, I take it that you came to the decision to share weeks between yourselves which is fine. However, were either of you to become unhappy with this arrangement and took the matter to court then, in my experience, the court could well decide that the children should live with one of you and spend time with the other.
STRIP SEARCH
WE bought our house three years ago and were told by the seller that the strip of land opposite belonged to the property. We found it was not on the deeds but the sellers maintained it for over 40 years and put large stones around it painted white. How do we prove ownership if anyone ever asks? We do have an aerial photo dated 1997. YOU don’t currently own the strip. The question is: does anybody else? You could apply to the Land Registry to search the index map to see if the land is currently registered. You would have to supply a plan which clearly identifies the land and an Ordnance Survey map reference. If it is registered you may be advised to leave well alone, since (if they have kept their address for service up to date) the owner will be notified if you apply to own it and could evict you. If the land isn’t registered then testimony from the previous owners and YOUR photo could convince the Land Registry that you now own the strip through adverse possession. Your chances of success in obtaining the land will depend on the extent of your use of it.
QUICK CHANGE
I WANT to change my will. Do I have to see my solicitor, or can I write to him, or alternatively make a note of the amendment on a piece of paper and keep it with the will, duly signed and witnessed? THE last option is possible but a bit risky. If you make a mistake you could invalidate the whole will. Much better to write to your solicitor with the proposed amendment, who will then prepare a codicil or incorporate it into a new will. Assuming the old will is stored on computer, your solicitor can then call you in to check the changes and ensure it is properly executed and witnessed.
WHERE THERE’S SMOKE...
THE couple in the flat above us fell out with our neighbour over a bonfire. We got involved, and the upshot of it is that the neighbours are now refusing to let us into their garden to paint some windows on their side. Can anything be done about this? IF there’s any way you can sort out your differences amicably I suggest you do so. From a legal point of view you are not entitled to enter your neighbours’ garden uninvited unless there’s a clause in your title deeds allowing you access for maintenance purposes. Many councils run a conciliation service to help neighbours settle their differences peaceably. »»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