Almost an owner
Q. My best friend left me his half share in two houses in his will. I was granted probate of his estate several years ago. However the owner of the other half of the properties is refusing to allow my name to be put on the title deeds. I am now elderly myself and don’t want to leave problems for my children. Can the holder of the deeds just say no?
A. I imagine the houses are registered at the Land Registry. You should check this, by requesting copies of the registry entries. It’s likely that your friend and the co-owner of the properties will have been registered as tenants in common (which means they had separate shares in the houses). You should check that there is a restriction barring the co-owner from selling or raising money on the properties without appointing an additional trustee of the property. If there isn’t such a restriction you should enter one forthwith in order to protect your interest in the properties. You may be able to force the other party to sell, and you could be owed rent, depending on the will. You should see a solicitor to establish exactly what the position is.

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Tartan twist
Q. I hold an enduring Power of Attorney on behalf of my sister-in-law. All her assets are in England, but she has now moved into a nursing home in Scotland to be near her son. He now wishes to take over as attorney. Would the same kind of form that I signed, prepared by solicitors here, be acceptable in Scotland?
A. Since your sister-in-law’s assets are in England, an English Power of Attorney is what your son-in-law needs ideally. However it would be equally valid in dealing with assets across the border, although procedures there are slightly different. These days the legal document is called a Lasting Power of Attorney, and there are two types: one for dealing with property and affairs (which is similar to your existing power of attorney), the other for personal welfare issues.

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Waiting on a will
Q. Just before a friend died, he told me he had left something for us in his will. Unfortunately we have no idea who his solicitor is and we haven’t been notified. How can I find out more information?
A. You’re assuming your friend appointed a solicitor as executor of his will. While this may be true, another friend or relative may either be sharing the job or be acting as sole executor. I suggest you make enquiries within his family: the chances are that whoever organised the funeral will be dealing with the will. If all else fails, assuming your friend left a reasonable sum, you will be able to obtain a copy of his will from the local probate office once probate has been granted.

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Hatching a plot
Q. Behind my garden is a piece of land which is not registered at the local Land Registry. About three years ago one of my neighbours fenced it off. We don’t want him to take it over because at present it gives us privacy. What rights do we have, and what right does he have to the land?
A. Just because the land isn’t registered doesn’t mean that no-one owns it. It may (or may not) belong to the council, or to a third party. By fencing it off your neighbour is staking a claim to the plot, and if he uses it as his own for more than 12 years he may be able to claim ownership by “adverse possession” (the 12-year rule no longer applies to registered land). If you kick up a fuss and draw the attention of the owner to the land it’s possible the owner might find a use for it or alternatively offer to sell it to you, in which case you might find yourself bidding against your neighbour. You’d be better off arranging a meeting with your neighbour and dividing the plot up between you.

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Poison ivy
Q. My neighbour has ivy growing over his house, and this is spreading on to my walls, guttering and telephone cables. I’ve asked him to cut it back many times and ill-health won’t allow me to do it myself. How can I resolve this matter without any discord?
A. The best way to avoid discord is to get a friend or relative to cut the ivy away, or if all else fails pay someone to do it for you. The cuttings technically belong to your neighbour. The courts don’t usually approve of people taking the law into their own hands, but this is one of the few exceptions to the rule. Although you could probably take your neighbour to court to recover the cost of having the foliage removed, it wouldn’t be worth the financial outlay or the probable aggravation unless some damage has occurred to your property.