PROPERTY LAW

OUT OF HOUSE AND HOME

MY brother left his wife and two children six months ago. His wife changed all the locks and says she is going to divorce him. Although my brother has been paying the mortgage since they separated the wife says he’s lost all rights to the house. Is this correct? NO. In theory your brother could move back in (he’s entitled to force an entry if necessary), but that probably wouldn’t be a practical solution. If your sister-in-law files for divorce the court will have complete discretion as to how the property is divided, but its main concern will be the welfare of the children. There are various types of order that the court can make, although it is quite common for a wife to be allowed to remain in the house until the youngest child reaches 18, after which the property must be sold and the proceeds divided. Ultimately the outcome will depend upon the financial circumstances of the parties.

FREEHOLD PURCHASE

I AM considering buying the land on which my house is built. Could you tell me who I should write to in order to obtain the necessary forms and, if possible, how much it will cost? YOU will have to contact the owner of the freehold to find out if he wishes to sell. If he doesn’t you may be able to force a sale under the provisions of the Leasehold Reform Act 1967, but this would probably only be worth your while if your lease has less than 60 years to run or your ground rent is currently very expensive. The cost of calculating the value alone could be prohibitive since it involves a complicated sum based on a number of criteria, for example the size of your plot and the number of years left on your lease. If you do wish to proceed see a solicitor.

CASH CROP

FOR the last 10 years we have been renting a small garden plot at the back of our property for £25 a year. It was only an informal arrangement, and the land has just been sold. The new owner is proposing to charge us £500 a year, to include a parking space and with the option to buy in 12 months’ time. Can he increase the rent by this amount? IF you have been renting the land on an annual basis and it’s not connected (for instance) to the lease on your house it’s likely that the new owner can increase the rent as he chooses when your current agreement comes to an end. You can of course negotiate. Both the rent and the purchase price of the plot will depend on market forces: ie whether anyone else is interested. You should consult a solicitor for advice regarding negotiations for a rental agreement with an option to purchase.

TIMBER TIME

THERE’S a tree in a very poor condition next door. Is there anything I can do to have it removed before it falls into my garden? YOU should first of all inform your neighbour that you regard the tree as dangerous. Every tree owner has a duty to ensure that their trees do not pose an unacceptable risk to others. As a last resort, if the tree owner does not take action, the council has a statutory power to ensure that trees don’t endanger people or property. You can notify the council about any tree you think is in a dangerous condition whether on public or private land. They should make an inspection and, if they agree with you, give the owners three weeks in which to take action. Failing that the council should be able to remove the tree and send the bill to the owner. »»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 mail@lawQs.co.uk