Unwelcome developments
Q. I live in a semi-detached house. A builder has bought the house next door and intends to make it smaller, putting in an access road to a block of flats he intends to put up behind it. The builder says he can do this whether we like it or not. What’s the law on this? It’s going to a public inquiry.

A. A public inquiry is only held where someone applying for planning permission has appealed against a decision by the local planning authority. So it suggests that the builder’s scheme has either been turned down by the local planning authority, or that conditions have been imposed that he’s not happy with. You should find out what the exact position is from the planning department at the town hall. If the builder’s scheme has been turned down it is probably because it doesn’t fit in with the development plan for the area. If it has been modified you need to find out in what way. Most appeals are settled through correspondence. Public inquiries are generally only held where there is likely to be a lot of local interest or where the issues are complicated. It will however give you an opportunity to express your opinion. You may need help from a surveyor to put a convincing case.

Built-in design fault
Q. One of the main structural members of my house wasn’t designed or constructed correctly, rendering it unsafe. The only reason it hasn’t failed is because things like tiles, battens and stud walls are assisting. The house is almost 50 years old. Is the builder still responsible for paying the cost of remedial work? Other identical houses on the estate will have the same problem.

A. Yes, in theory. Under the Limitation Act you have six years to take legal action from the date you first become aware of the problem. However you would have to have bought the house new from the builder in order to sue under contract law. That presupposes that the builder is still in business. The fact that the house has survived for 50 years would also undermine the value of your claim.

Forgotten plot
Q. How would I go about adopting some land behind my house? When the council built these houses 40 years ago (they are now all privately owned) they never finished off the landscaping and the project was forgotten when the councils were split up. My local councillors think it would be a good idea.

A. It sounds as though the land is owned by the council, so I suggest you approach the planning department to see if they are willing to sell. You would be looking to buy the land, as opposed to adopting it. Adoption is where you take responsibility for land (such as a private road) without actually owning it. If the council has no use for it they may be willing to sign it over to you for a nominal sum.

Care fees conundrum
Q. My wife and I would like to know, if we had to go into a care home, whether it would be possible to safeguard some of the money from the sale of our property. We want our son to have our money when we die: is there any legal way to ensure that it doesn’t all go on nursing home fees.

A. You should think about becoming tenants in common, so that you each own a defined half share of the house. If one of you has to go into a home the local authority is not allowed to assess the value of the house while the other is living there. However if one of you dies and the survivor goes into a home, the whole property can be assessed for care home fees if the survivor has inherited the deceased’s share. If you divide your ownership, leaving your individual shares to your son, at least only half the property is at risk. This can save on inheritance tax too, so make an appointment to see a solicitor specialising in this area.

Half shares?
Q. My friend’s mother died in childbirth and he was legally adopted by his aunt and uncle. They later had a child, who is therefore both his first cousin and adoptive brother. In the meantime his father married again and also had a son. My friend is a bachelor with no interest in making a will. When he dies will his estate go to his adoptive brother or to his half-brother, whom he has never met?

A. Your friend’s estate should go to his adoptive brother. Formal adoption severs the blood tie as far as the law is concerned, so, by the same token, your friend would not inherit from his father or half-brother unless he was named in their wills.