Angela Brown
Daniels LLP Solicitors My son and his girlfriend have bought a house and are just about to move in. But they’ve discovered that the central heating boiler needs repairs which will cost hundreds of pounds. Can they get compensation from the previous owners? THE starting point is always ‘caveat emptor’ - buyer beware - but if the previous owners stated that the boiler was in working order when replying to your son’s solicitor’s enquiries before he bought the house you may have a claim for misrepresentation entitling you to compensation. But it’s likely that they won’t have referred to it at all if they knew the boiler was faulty. In that case it was up to your son and his girlfriend to check it for themselves. They should check this with the solicitor that carried out their conveyancing work. The owner of the house next door has completely bricked up the gap between our garages and turned the area into a shed. I’m not very happy about this as I’m just about to put my house on the market. None of the other houses in the street have had the gap filled in. IF you raise the matter now you will have to tell prospective buyers that you have a dispute with your neighbour, and this could make it difficult to sell your house. Check your deeds to find out who owns the land between the garages: if you own half each he’s trespassing on your property. It’s possible that you will find a covenant put in by the original builder barring such extensions without the developer’s consent. If your neighbour has contravened such a clause he can be ordered to take the whole thing down. It is probably best, if you have any concerns, to ask your solicitor to review the title deeds to your property and see if they can offer some advice. My mother-in-law suffers from dementia and hasn’t made a will. Before she became ill she said she wanted her money to go to her three children. Is there any way of protecting her wishes at this stage? IN the absence of a will your mother-in-law’s estate will be distributed according to the intestacy rules, and the rules state that (assuming her husband is no longer alive) her children will receive her entire estate. So it would seem unnecessary for her to make a will. If for some reason a will is necessary you should see a solicitor about making an application to the Court of Protection. Eighteen months ago our neighbour hired a digger to flatten out his rear garden. In the process they badly damaged our drive. I’ve approached the neighbour on a number of occasions and although he’s assured me the drive will be repaired I’ve now come to the conclusion that he has no intention of putting it right. YOUR best course of action is to get estimates from, ideally, three firms to carry out the repairs. Present these to your neighbour and tell him if he doesn’t get the job done himself you’ll get the workmen in and take him to court to recover the cost. Depending upon the value of the works, you may want to see a solicitor. Take photographs so you have a record of the damage and give the neighbour correspondence in writing if you feel you need to.
Call SAS Daniels LLP Solicitors on 0161 475 7676 or 01625 442 100. Visit www.sasdaniels. co.uk If you have any legal questions, write to Weekly Law and You, MEN Media, Mitchell Henry House, Hollinwood Avenue, Chadderton OL9 8EF, or email legalline@ btconnect.com.