PROPERTY LAW
LAW ON PARKING?
WHAT’S the law on parking caravans on the public highway? My neighbour has parked his on the road between my house and his for the past two months. I’ve asked him to move it but he won’t. It’s an eyesore and makes reversing out of my drive very difficult, but the police say there’s nothing they can do. THE council has powers under the Highways Act to force the owner to move the caravan, so I suggest you discuss it with your local councillor. As far as the police are concerned, although no-one has a legal right to park on public roads, in practice you can park more or less where you like as long as you don’t cause an obstruction. Although you may regard the caravan as an obstruction the police probably won’t unless it prevents traffic moving freely along the road.
HE’S GOT THE KEYS
I AM separated from my husband and have just signed the house over to him as I couldn’t afford the mortgage. The house hadn’t increased in value since we bought it, and repairs were proving expensive. He now wants a divorce. What will I be entitled to? THE fact your husband now owns the house in his sole name doesn’t matter as you are married and within the divorce proceedings, in the absence of an agreement between you, the court can decide how all income, assets (including the house), savings and pensions should be divided. Although 50/50 is the starting point other considerations such as your age, health, contribution towards the marriage etc. are taken into account. The first thing to do would be to gather as much information as you can about your own and your husband’s financial circumstances and then seek legal advice.
EXECUTOR’S ROLE
WHAT are the responsibilities of someone who’s named as executor of a will? Are they legally responsible for any expenses incurred by the death of the person concerned? EXECUTORS must carry out the terms of the will, look after the deceased’s property as if it were their own, and generally wind up the deceased’s affairs. If in doubt they should take legal advice: the will may allow any fees to be paid out of the estate. They will not become liable for any of the deceased’s debts as long as they follow proper procedures. However if an executor arranged a funeral, for example, he or she would be responsible for the bill if the deceased left no money.
BREAKING NEW GROUND
WE have lived in our council house for 33 years, and bought it 10 years ago. We’ve been cultivating a piece of waste land in front of it all this time but never paid any rent for it. The council has decided it might want to put a car park there. I wondered if we have any statutory or squatters’ rights to the land? IF the council is unaware of your occupation of the land you may be able to make an adverse possession application to the Land Registry if you have been using the plot for 10 or more years where the land is registered, or 12 or more years where the land is unregistered. If you have any documentary evidence, such as photographs, that may be of assistance to the declaration you will be required to make when submitting your application to the Land Registry. If the land is registered to the council they will be notified and will have the opportunity to object to your application and start possession proceedings against you. »»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