PROPERTY LAW
CUTTING THEM OUT
FOR various reasons I don’t want any of my three children, who are in their 50s, to inherit anything from me when I die. But the two firms of solicitors I’ve spoken to have refused to add a codicil to my will barring my children from contesting it. They just suggest putting my partner’s name on the deeds to my house. THAT would certainly be a sensible first step, since if your house is in joint names as beneficial joint tenants, ownership would automatically pass to the survivor on the first death. This means it would not normally form part of your estate and be up for grabs by your children. You can deter any potential challenges to your will by including a letter stating your reasons for disinheriting your children to also include the reasoning behind those you have named, and that’s what I would recommend.
MIND THE GAP
I HAVE a panel fence at the end of my garden, and the house behind me used to have a similar fence with a gap of about 18 inches between the two. They have now removed their fence and are using the gap as part of their garden. My neighbours on both sides have maintained the gap. Can I ask for the gap and fence to be reinstated? It doesn’t show up on the title deeds. IT’S unlikely that so narrow a gap was used as a pathway. It may have been kept there to assist with maintenance. Unless the deeds provide for access, or a right has been acquired over the gap by long usage, then you cannot insist that your neighbour reinstates his fence. Make it clear to the neighbour that your fence belongs to you and that he has no right to grow anything against it and that you may need to get on to the land in order to maintain your fence.
IN THE CLEAR
WE bought a leasehold house 12 years ago, but we have never had a demand for ground rent or any notification about payment. What is our situation? We don’t want a hefty bill landing on the doormat. IT won’t. The most you can be asked for is payment for the last six years. These days you don’t owe ground rent unless you have received a demand for it in a prescribed form. So if you come to sell the property you may have to make an allowance to the purchaser for six years’ ground rent or take out indemnity insurance. You should get hold of a copy of your lease (from the Land Registry or via your solicitor) however and make sure you observe its terms. Your landlord could turn up and demand compensation for any breach such as an extension or even a satellite dish.
BUILDING TRUST
SINCE my builder won’t commit himself in writing to the date when the work will actually start I’ve refused to pay a deposit. Is there any law requiring a contractor to give a commitment about when the work will be carried out? UNLESS you know your builder well, I would be reluctant to give them any money before they start work. If they require money for materials you should at the very least send them a simple contract stipulating when the work is to start and the stages at which payments will be made. You may want to have works formally valued by an architect or a surveyor. You should always ensure that there is provision for you to get out of the contract if it runs too far behind, and that there is provision for retention by you to cover any snags with the builders.
»»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