Free-Advice-Column - 07/01/2009
07 Jan 2009
Flying the nest
Q. My brother and I inherited our parents' house some years ago. He lives upstairs and I live in the flat downstairs, but we don't get on. I want to sell or let my flat, but he refuses. What can I do?
A. I take it you divided the house into flats after your parents died, but actually own the whole house jointly. In normal circumstances you can end a joint tenancy of a property by simply writing a letter saying “the property we own jointly will from now on be held in equal shares”. The difficulty here is that if you jointly own the whole house it may not divide into two equal halves. If it's impossible to reach agreement with your brother you may have to get a court order, either to separate the ownership of the flats or to sell the whole house. You will need to see a solicitor.
A pushover
Q. Before I bought my house the previous owner agreed to the next door neighbour putting up a boundary wall entirely on our side of the boundary. It consists of brick pillars with wood panels in between, and they encroach on to my driveway so that it is difficult to park my car. The neighbour says “tough”, but there is nothing on the title deeds showing a transfer of this land and I wondered if I could remove the wall ?
A. If the strip of land your neighbour has built on has not been transferred into his ownership and the wall was built less than 12 years ago then the answer is almost certainly yes. You should see a solicitor to double check with the Land Registry, but if there has been no transfer the land belongs to you: a verbal agreement with the previous owner is not sufficient for your neighbour to claim ownership. If there's a possible compromise I suggest you explore it, since you will have to live next door to this person long after the dust has settled. It's also possible your neighbour will have a claim for compensation if you damage the wall, since the bricks belong to him.
Cavity calamity
Q. Three months ago I had cavity wall insulation installed. During this process the workmen drilled two very large holes into my lounge wall. The firm agreed to pay for repairs to the wall and for the carpet and curtains to be cleaned, but they wouldn't pay for the whole room to be redecorated, since they say they only damaged one wall. Have I a right to expect them to restore the room back to its original condition?
A. Yes. I feel if you stand your ground the firm (or its insurers) will back down. If you cannot get the same shade of paint, or the wallpaper is no longer available, you should state this in a letter to them asking them to pay the extra. If they have flatly refused to entertain your demands you should threaten to take them to the small claims court. Whether you actually carry out your threat depends on how determined you are and how much money is involved. You would probably win your case if you could provide photographic evidence that painting just one wall has affected the appearance of the whole room.
Children inherit
Q. My late mother made a will leaving her home and a little money to myself, my two brothers and a sister. However since she made the will my brothers and my sister have died. Does the share they were to have received come to me or to their children? I'd like to make sure they get the money if possible.
A. Unless your mother's will says differently the share of her estate that would have gone to your brothers and sister will now go to their children instead. If any of your brothers and sister had more than one child, then those children will divide between them what their parent would have received. You can give them your share too if you wish. If the gift is likely to take you over the inheritance tax threshold you could ask your solicitor about making a deed of variation, so that your share of your mother's estate isn't added to your own.
Q. My brother and I inherited our parents' house some years ago. He lives upstairs and I live in the flat downstairs, but we don't get on. I want to sell or let my flat, but he refuses. What can I do?
A. I take it you divided the house into flats after your parents died, but actually own the whole house jointly. In normal circumstances you can end a joint tenancy of a property by simply writing a letter saying “the property we own jointly will from now on be held in equal shares”. The difficulty here is that if you jointly own the whole house it may not divide into two equal halves. If it's impossible to reach agreement with your brother you may have to get a court order, either to separate the ownership of the flats or to sell the whole house. You will need to see a solicitor.
Sharing a name only
Q. My sister's man friend has changed his surname to hers. If she died, would he be able to claim her money? She has a house and a few thousand pounds in the bank. He doesn't live with her, but spends all day there before going home at night.
A. Your sister needs to make a will urgently so that her intentions are clear. If she were to die in this situation her friend could possibly refuse to leave the house and a long and expensive court case could follow. Without a will your sister's estate should in theory be distributed under intestacy rules, meaning her house and money would go to her family. But if her friend lived with her as man and wife for two years or more he could make a claim on her estate under the Law Reform (Succession) Act 1995 – although he would probably have to go to court to do this. For your part you could challenge the nature of his relationship with your sister. The fact that he has changed his name would just add more confusion. A will is the only way.
A pushover
Q. Before I bought my house the previous owner agreed to the next door neighbour putting up a boundary wall entirely on our side of the boundary. It consists of brick pillars with wood panels in between, and they encroach on to my driveway so that it is difficult to park my car. The neighbour says “tough”, but there is nothing on the title deeds showing a transfer of this land and I wondered if I could remove the wall ?
A. If the strip of land your neighbour has built on has not been transferred into his ownership and the wall was built less than 12 years ago then the answer is almost certainly yes. You should see a solicitor to double check with the Land Registry, but if there has been no transfer the land belongs to you: a verbal agreement with the previous owner is not sufficient for your neighbour to claim ownership. If there's a possible compromise I suggest you explore it, since you will have to live next door to this person long after the dust has settled. It's also possible your neighbour will have a claim for compensation if you damage the wall, since the bricks belong to him.
Cavity calamity
Q. Three months ago I had cavity wall insulation installed. During this process the workmen drilled two very large holes into my lounge wall. The firm agreed to pay for repairs to the wall and for the carpet and curtains to be cleaned, but they wouldn't pay for the whole room to be redecorated, since they say they only damaged one wall. Have I a right to expect them to restore the room back to its original condition?
A. Yes. I feel if you stand your ground the firm (or its insurers) will back down. If you cannot get the same shade of paint, or the wallpaper is no longer available, you should state this in a letter to them asking them to pay the extra. If they have flatly refused to entertain your demands you should threaten to take them to the small claims court. Whether you actually carry out your threat depends on how determined you are and how much money is involved. You would probably win your case if you could provide photographic evidence that painting just one wall has affected the appearance of the whole room.
Children inherit
Q. My late mother made a will leaving her home and a little money to myself, my two brothers and a sister. However since she made the will my brothers and my sister have died. Does the share they were to have received come to me or to their children? I'd like to make sure they get the money if possible.
A. Unless your mother's will says differently the share of her estate that would have gone to your brothers and sister will now go to their children instead. If any of your brothers and sister had more than one child, then those children will divide between them what their parent would have received. You can give them your share too if you wish. If the gift is likely to take you over the inheritance tax threshold you could ask your solicitor about making a deed of variation, so that your share of your mother's estate isn't added to your own.
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