Is my house at risk?
Q. More than two years ago I was badly injured at work. I am seeking substantial compensation, but I haven't been able to keep up my mortgage payments while I've been off work. My solicitor has contacted the bank, but I haven't heard from them for over a year. Can they repossess my home while this litigation is going on?
A. It's most unlikely your bank would take any steps in this direction without informing you, but it's important you should keep your lender up to date with developments. In order to take your house off you the bank would have to go to court for a repossession order, which may or may not be granted depending on the likelihood of the lender being repaid. But it won't get to this stage as long as you can satisfy your bank that matters are progressing towards a satisfactory outcome. Discuss this with your solicitor. If you are likely to be able to establish liability in your compensation claim, you may be able to obtain an interim award to help you out of financial difficulty.
Blocking light
Q. Our neighbour applied for planning permission to build a two-storey extension on the back of his house. We objected because the extension would block out light in the morning to our daughter's bedroom, our kitchen, the landing and stairs window and our bathroom. But the planning officer's report completely ignored our objection and planning permission has now been granted. Is there anything we can do?
A. It's unlikely that the planning authority would have had grounds to refuse planning permission for the extension unless the light to your property was very seriously affected. Rooms such as bedrooms and bathrooms are usually deemed to require less light than, say a lounge. If both properties were built by the same builder you should ask a solicitor to check your title deeds to see whether or not your house enjoys a right of light from the adjoining property. But when your property was first sold the builder will probably have stipulated that rights which might impede the development of adjoining land should not benefit your property. This means that if your house was sold before your neighbour's, any building work on your neighbour's house which blocks light to yours will be lawful.
Shutting up shop
Q. I own a lock-up shop, and last year rented it out on a two-year lease. Now the tenants have informed me that they want to terminate the lease after just 12 months. How do I stand legally on this matter?
A. You don't have to accept the early termination of the lease, and can insist that they pay you rent for the full two years. Unfortunately most people who want to terminate leases early do so because they have no money, and if this is the case you could end up with nothing if you refuse to accept the keys back. A compromise might be for you to try to find another tenant and suggest to the current occupiers that they continue paying the rent until one can be found.
Shed restorer
Q. Some years ago I bought a field from a farmer. A man had been allowed to restore cars in some sheds in one corner, and the sale was held up until he took them down, along with a fence. Now, years, later, the car restorer has put up a new fence and is claiming squatters' rights. Can I claim damages and expenses if it goes to court?
A. What you really need is for a court to order the squatters to vacate your land on the basis that there is no claim. If the 12 years' adverse possession (ie occupation without permission of the land owner) was established prior to your purchase, there would be a problem. But the fact that the squatter took his sheds down on request would appear to undermine his claim, as will the lapse of time since he used the field. If you have suffered loss as a result of the trespass, this can also be covered through court action (along with your legal costs) assuming that you win your court case.
Leaf sweeping
Q. We live on an open-plan estate, and next door have a tree which sheds leaves all over our path. We do try to sweep them up as quickly as we can, but would we be liable if somebody slipped on them and hurt themselves?
A. If you are aware of a danger to people visiting your house and do nothing to avert it you could be held liable if someone was injured. If you sweep up regularly however you will have a defence to any claim, since you can't be expected to be out with your broom at all hours of the day and night. Once you have drawn the problem to the attention of the owners of the tree they could also potentially be liable in the event of an accident.