Free Advice Column - 01/04/2009
01 Apr 2009
Claim on my house
Q. My husband and I are divorcing after eleven years' marriage. Our bungalow is in my name only. Will my husband be able to claim a share of it since he has contributed to the running costs and done a lot of work on the house?
A. The contribution your husband has made to the household may have a bearing on the division of your property, but these days the courts are less concerned about whose name is actually on the title deeds. Your husband is almost certainly entitled to a share in the house, but the division of your property depends on what other assets there are. If you cannot agree, the court will take a large number of factors into account, among them your respective incomes, earning capacity, ages and so on. Where there are children their needs will be the first consideration. You should seek detailed advice from a solicitor who's a member of Resolution – formerly the Solicitors Family Law Association.
Close conifers
Q. My son's neighbour has planted eight-foot conifers right up against his property. I have been told they could damage the foundations. What distance should they be away from buildings, and what rights does he have?
A. The trees' roots are unlikely to damage your son's foundations unless his house was built on clay and was put up before 1980, when new regulations about foundations were brought in. If damage were to occur it's likely the neighbour would be liable if he was aware of the problem, so your son could write to him expressing his concern and, in the event of damage, let his insurers deal with the question of liability. Recent legislation has given local authorities powers to intervene where disputes over high hedges cannot be resolved amicably. People complaining to the council have to show that the hedge is more than two metres high, presents a barrier to either light or access, and adversely affects the reasonable enjoyment of their property.
Parking penalties
Q. Two residents in my street have placed “No Parking” signs on their boundary wall which fronts on to a public road, and another sign stating “Wheel Clamping in Operation”. Are they legally entitled to do this?
A. They're probably allowed to put up the signs, but if they're referring to the public highway your neighbours won't be able to do anything if people ignore them. If the signs are referring to private property, say their drive (but not the pavement in front of it) then your neighbours may be entitled to wheel-clamp cars parking there, although they should also display the amount they charge to “de-clamp” vehicles. The courts have decided that as long as there are clear warning signs and the de-clamping fee is reasonable, a motorist can be held to have accepted the risk that his or her car will remain clamped until the fee is paid. This form of “consent” avoids what would otherwise be the wrongful act of charging and detention until payment.
Don't go changing...
Q. I made a will when I lived in Wales six years ago, so the address on it is now obviously wrong. Do I have to have it altered, or can I do it myself? I'd like to appoint my grandson executor; currently the solicitor who drafted the will in Wales is down to do the job.
A. You don't need to change the address on the will. The fact that you no longer live there any more won't make the will invalid as long as it's still recognisably yours. Don't go writing on it whatever you do. However in order to change the executor you will either have to draw up a new will or add a codicil, so see a solicitor. It's recommended that you review your will every five years in any case.
Q. My husband and I are divorcing after eleven years' marriage. Our bungalow is in my name only. Will my husband be able to claim a share of it since he has contributed to the running costs and done a lot of work on the house?
A. The contribution your husband has made to the household may have a bearing on the division of your property, but these days the courts are less concerned about whose name is actually on the title deeds. Your husband is almost certainly entitled to a share in the house, but the division of your property depends on what other assets there are. If you cannot agree, the court will take a large number of factors into account, among them your respective incomes, earning capacity, ages and so on. Where there are children their needs will be the first consideration. You should seek detailed advice from a solicitor who's a member of Resolution – formerly the Solicitors Family Law Association.
Flat rate
Q. We live in a block of retirement flats which were built just over three years ago. There's now a problem with the heating system, but the landlord (who was also the builder) insists this is due to “wear and tear” while we think it was faulty installation. I understand there's now a tribunal system for resolving landlord/leaseholder problems. How would we go about applying to it?
A. The tribunal is mainly for determining whether service charges are reasonable. If you are arguing that the heating system is inherently defective then it should be repaired under the terms of the lease, and the cost would not be recoverable through a service charge. So it would not be a matter for the tribunal. You should probably see a solicitor about this, since if your heating isn't working (especially in retirement flats) and the landlord won't repair it you could be entitled to compensation for harassment.
Close conifers
Q. My son's neighbour has planted eight-foot conifers right up against his property. I have been told they could damage the foundations. What distance should they be away from buildings, and what rights does he have?
A. The trees' roots are unlikely to damage your son's foundations unless his house was built on clay and was put up before 1980, when new regulations about foundations were brought in. If damage were to occur it's likely the neighbour would be liable if he was aware of the problem, so your son could write to him expressing his concern and, in the event of damage, let his insurers deal with the question of liability. Recent legislation has given local authorities powers to intervene where disputes over high hedges cannot be resolved amicably. People complaining to the council have to show that the hedge is more than two metres high, presents a barrier to either light or access, and adversely affects the reasonable enjoyment of their property.
Parking penalties
Q. Two residents in my street have placed “No Parking” signs on their boundary wall which fronts on to a public road, and another sign stating “Wheel Clamping in Operation”. Are they legally entitled to do this?
A. They're probably allowed to put up the signs, but if they're referring to the public highway your neighbours won't be able to do anything if people ignore them. If the signs are referring to private property, say their drive (but not the pavement in front of it) then your neighbours may be entitled to wheel-clamp cars parking there, although they should also display the amount they charge to “de-clamp” vehicles. The courts have decided that as long as there are clear warning signs and the de-clamping fee is reasonable, a motorist can be held to have accepted the risk that his or her car will remain clamped until the fee is paid. This form of “consent” avoids what would otherwise be the wrongful act of charging and detention until payment.
Don't go changing...
Q. I made a will when I lived in Wales six years ago, so the address on it is now obviously wrong. Do I have to have it altered, or can I do it myself? I'd like to appoint my grandson executor; currently the solicitor who drafted the will in Wales is down to do the job.
A. You don't need to change the address on the will. The fact that you no longer live there any more won't make the will invalid as long as it's still recognisably yours. Don't go writing on it whatever you do. However in order to change the executor you will either have to draw up a new will or add a codicil, so see a solicitor. It's recommended that you review your will every five years in any case.
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