Jumping the gun
Q. We had an offer on a property accepted in April. There was a slight delay because it was a repossession, but we were hoping to exchange contracts in mid-May. However it soon became apparent that there was a criminal investigation connected to the house which was preventing it being sold. On several occasions we were informed that the sale could proceed, only for this to turn out not to be the case. We have been living with relatives since May. Do we have a case for compensation against our solicitor for advising us that the sellers were in a position to sell the house when they weren’t?
A. It sounds as though your solicitor was only passing on to you information that he received from the vendors. This is obviously an unusual and unfortunate case, but the fact remains that until contracts have been exchanged a sale can fall through at any time and for any reason. That being the case buyers are unwise to do anything that could put them at a disadvantage until pen is actually put to paper.

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Beaten path
Q. People living in my street have been using the spare land behind my house as a short cut to their garages for many years. We’re now told that new houses are going up and that the path will be blocked off. Isn’t there a law that says after so many years it becomes a right of way and they can’t close it?
A.Since only a small number of people use the path it’s unlikely to have become a public right of way. However it’s possible the individuals concerned will have acquired a right to use the path if they have been crossing the land for 20 years or more, assuming no one has ever made any attempt to stop them doing so. If they wish to claim this right they should see a solicitor immediately.

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Joint approach
Q. What happens to any joint holdings in bank accounts, shares etc on the death of one of the partners in a marriage? What happens if the deceased’s half shares in these joint assets are gifted by the deceased spouse’s will into a trust, with the remaining spouse and their children as trustees?
A. Any joint holdings would almost certainly go to the survivor, even if there was a will giving the half share to someone else. The only exception would be where both spouses had clearly declared in writing that they held the joint investments upon trust for themselves as “tenants in common”. If there was such a declaration the surviving spouse would hold the deceased’s shares upon trust for the deceased’s spouse estate. The executor of the deceased spouse would then have the job of requiring the surviving spouse to sell or close the joint investments and to account to the deceased spouse’s estate with the proceeds. Once those proceeds are in the estate, the deceased’s executor (assuming he is also the trustee named by the deceased’s will) would hold those proceeds upon the trusts contained in the will.

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Lost deeds
Q. The deeds to our house have been mislaid. Is there a record or register of property deeds? If not, what course should we take to prove that our house belongs to us?
A. If your house is registered at the Land Registry this shouldn’t be too much of a problem. The vast majority or properties in Manchester now are, but if all else fails you may have to swear a statutory declaration explaining that the title deeds have been lost and providing evidence of your ownership. These documents would then go to the Land Registry which would decide whether you have “absolute” or “possessory” title to your property. If it decided on the latter you could claim absolute title after 12 years, but if you wished to sell in the meantime the value of your house could be affected, since the buyers would probably have to take out insurance to protect them in case someone else turned up claiming to own the house. First check whether you’re on file at the Land Registry; then that your deeds are in fact lost: if you have a mortgage they may be in the possession of your lender. If you draw a blank see a solicitor.

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Cooling off time
Q. I had some double glazing done and intended to pay for it through a finance company. When they sent a bill for £2800 plus exorbitant interest I cancelled the agreement within the five-day period allowed. Now they want £250 as a “loss of commission” penalty. Do I owe the double glazing firm £2800 or £3050?
A. You owe the double glazing company £2800, because your windows have been delivered and fitted. Cancellation of the finance agreement also cancels the window order, but because the order has been carried out you owe the agreed price, unless you want the windows removing. Accordingly send your cheque for £2800 and state that it is in full and final settlement. If the double glazing company pursues its claim for £250, refer the firm to section 69.1 and 69.4 of the Consumer Credit Act.