Surprise new neighbours
Q. We bought a flat four months ago. However the searches carried out by our solicitor failed to reveal that the “landscaped gardens” (as marketed by the property developer, referred to in the lease and for which we pay a service charge) had been earmarked for development. The council granted planning permission four years ago, but we only found out when we got a letter about the building design. We are naturally concerned that this development will devalue our property, limit our natural light and remove the only green space to which we have access. We would probably not have bought the flat had we known.

A. A search on one piece of land will not necessarily reveal planning applications on adjoining land, nor will it reveal proposals for development. However I take it you bought the flat from the developers, so it’s possible you will be able to bring a claim against the developer on the basis of non-disclosure in pre-contract enquiries. The other remedy here may be to explore the extent that the Lease granted you by the developer gives you rights over the landscaped area – if you do have such rights, you may be able to block the development to the extent that it interferes with your rights. You should discuss this with your solicitor.

Appliances – but no gas
Q. We have just bought a house and have discovered there is no gas supply, even though the property particulars signed by the vendor say there is. What’s more our surveyor confirmed this, and two separate heating engineers claimed there was a problem with the boiler and that it needed replacing. Apparently the house, being empty, missed being reconnected when the street’s gas main was being replaced. We now have to wait seven weeks to be connected at a cost of £554, not to mention the inconvenience of being without hot water or central heating. Our solicitor says we could pursue this through the small claims court, but since the vendor now lives in Saudi Arabia will this be worthwhile?

A. If the vendor no longer has assets in this country it won’t be worth taking legal action against him. However your surveyor may be persuaded to reimburse you. The presence of gas appliances should not be taken as evidence of a gas supply! The surveyor should have tested it. On the bright side, you may not need to replace the boiler. Presumably the price of the property was reduced to allow for a replacement in the light of the heating engineers’ reports.

Pipe dreams
Q. My family has rented a field for many years and we have now applied to buy it from the council. However a condition of the sale is that we would be responsible for a culverted stream that runs the length of the land. The pipe already leaks in periods of heavy rain, and if we had to replace it it could cost us thousands. What will be the extent of our responsibility if we buy the land? Could we prevent the council increasing the pressure on the pipe in future by diverting more water through it?

A. Ideally you should negotiate to buy the land but leave the responsibility for maintaining the culvert with the council. This could be achieved by a simple covenant, and it could be argued that, if the stream is a public resource, the council has a duty to shoulder the responsibility for looking after it. You should engage a solicitor to attempt to negotiate this for you, and also ensure that future changes of use are taken account of in the legal paperwork. If all else fails and you still want to go ahead you might be able to insure yourselves against a large repair bill in future.

Costly argument
Q. My father died three years ago, leaving myself and my nephew as beneficiaries of his will. Since then my nephew has been locked in an argument with the solicitor who is executor of the will. I agree with the solicitor’s figures, but in the meantime his fees are steadily rising. How can I get them to resolve the matter, and will my legacy be affected if it continues?

A. If the solicitor is sole executor of your father’s estate there’s not much you, as a beneficiary, can do to straighten out the wrangle. If you are entitled to a legacy of a fixed amount, rather than a share of the residue, the executor may agree to pay this now; the solicitor’s costs will be paid from the residuary fund first and your legacy would only be affected if the fund was insufficient to cover them. But you should point out to your nephew that the longer the dispute goes on the less he will receive: the solicitor cannot wind up the estate without his agreement. If the estate accounts cannot be agreed, the executor may have no alternative other than to apply to the court for directions. This will be expensive, but in the end it may be the only way of ensuring that the estate is distributed.