PROPERTY LAW
NO CHANGE
DO I need to alter the name on the deeds of my house? I changed my name when I remarried after the death of my first husband. My second husband died five years ago. NO, I presume you owned the house jointly with your first husband, so when he died you became sole owner. In that case all you need to do is keep a copy of your second marriage certificate, which shows the change of name, in a safe place with the death certificate of your first husband so your executors can establish your ownership of the property when the time comes. You could update the Land Registry as this may make matters more straightforward in the long term and protect against potential property fraud.
NO SAVING GRACE
I AM married and have savings of my own which are held in my name only. If we were ever to separate or divorce, would my husband have any claim on these savings? YES, if your marriage was to end and you couldn’t agree on a division of your assets, the divorce court would have a free hand in dividing them up between you. If you have substantial savings in your own name the court might award your husband some of that money or alternatively give you a smaller share of your jointly-owned property. How it is dealt with will depend upon a wide range of issues such as your incomes, earning capacity, the length of the marriage and so on.
BENDING THE TRUTH
WE’VE recently bought a plot of land with straight boundaries. However a neighbour at one corner is claiming the fence we re-instated has taken 18in off his garden. The original wire mesh fence was collapsed in a heap for years. I PRESUME the new fence you have put up is straight, to accord with the boundary line. If it isn’t, it’s likely the fence is in the incorrect position. Your title deeds will suggest where the boundary line is but are often imprecise: you have to look for evidence on site. Boundary disputes are very expensive and emotive. If possible it would be much better to agree where the boundary lies with your neighbour, or appoint a surveyor jointly to determine the dispute. Your last resort should be to go to court, particularly over such a minor amount of land. You will need to check to see who owns the new fence, and who is responsible for its maintenance.
NO THROUGH ROAD
TWENTY years ago I applied for planning permission to build a house next to my own, but was turned down on the grounds of insufficient access. Since then two cottages using the same road were demolished and the council sold the land where the cottages stood to a private owner, with permission to build a house using the same access. What will be my position if I am turned down again? YOU can appeal against a planning application refusal to the Planning Inspectorate within six months of the date of the decision notice from the local planning authority. You would need to submit your original application, site ownership certificate, your local planning authority’s decision notice and all plans, drawings and documents you sent to the planning authority, plus any other documents that directly support your appeal. It may be a good idea to submit a map of the surrounding area. The Planning Inspectorate will check your appeal to ensure it is valid and thereafter explain the procedure and how long your appeal may take. »»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