Spreading out
Q. My neighbours do not make full use of their property and I am thinking of asking if I can buy their loft area. I could then knock through and create a large “studio” running the entire length of the two houses. What would be the implications of that as regards fixing the neighbours’ roof and so on?
A. Your neighbours would have to carve out of their freehold a long leasehold interest in your favour in respect of the loft area. The terms of the lease would probably leave responsibility for maintaining the roof and structural parts of your neighbours’ house with them, but oblige you to contribute a fair proportion of the ongoing repair/maintenance costs for the parts of your neighbours’ house which would be shared in common. However there are a number of obstacles to your plan which I think will ultimately scupper it. The scheme will undoubtedly devalue your neighbours’ house, which will lead to unfavourable responses from their mortgage lender and legal advisors; the council’s building control department will raise safety issues; and your neighbours’ insurers may be unimpressed.

Tied house left to rot
Q. We live in a tied bungalow owned by the council. It has fallen into a state of disrepair and hasn’t been touched by the council for 15 years. We have complained constantly but, for example, they sent round an electrician about rewiring the house only for us to be told that it will have to wait another year. The house suffers from damp and the roof has been leaking for years. The list goes on. What should I do next?
A. You should probably put in a call to an advice centre such as Shelter’s (0161 834 4809) in the first instance. In the case of repairs costing less than £250 such as leaking roofs your landlord should fix the problem within a week under the Right to Repair scheme. You may be entitled to compensation. Report the necessary repairs in writing and keep a copy so the authorities cannot claim they were unaware of the problem. If the work isn’t carried out in a “reasonable” time you should use the council’s official complaints procedure and if necessary complain to the local authority ombudsman. You could contact the environmental health department regarding the damp. Legal action is possible but is a last resort.

Farm quota
Q. I own a farm along with my two brothers. One of my brothers has two children, a son and a daughter, and we have all decided we want the farm to go to the son. His sister is quite happy about this since we have paid for her education. How can we name him sole beneficiary of the property, not just in our wills?
A. You and your brothers can jointly sign a deed of settlement in which your respective shares in the property are put into trust for your nephew, with you and your brothers retaining life interests. Following rule changes brought in by the March 2006 Budget, trusts of this type can give rise to an immediate inheritance tax charge. There can also be capital gains tax issues. You will therefore have to take professional advice as to the tax implications. If the tax problems can be addressed a lifetime settlement may be the best way of ensuring that the nephew does ultimately inherit the whole of the farm, since as you are probably aware wills can be challenged or changed.

Stretching a point
Q. I live in a semi-detached bungalow. My neighbour has built a dormer window partly over the dividing wall which is letting water in. He now wants to put lead flashing on my side of the party wall, but I have refused him access because the roof tiles are very fragile. Where do we go from here?
A. Your neighbour shouldn’t have built anything on your property and you may well be able to get him to remove it, even if it means taking down the dormer window and starting again. This will obviously cause some ill-feeling between you, and you will have to weigh up whether it’s worth making a stand. If you want to insist on your rights I recommend you involve a solicitor to get your neighbour to reduce the width of the window, and put up something temporary to stop the water coming in in the meantime. Alternatively as a compromise you can insist that a reputable builder does the repair work.

Up in smoke
Q. We’d been looking for an antique fireplace for a long time and eventually found just the thing. It cost £1600, so we put down a £300 deposit. In the meantime however we have had a family crisis and can no longer afford the money. I rang the shop, and they offered to refund half my deposit; I told them that wasn’t good enough, but I’ve now had a letter saying I can’t have any money back. Is this right?
A. You entered into a contract to buy the fireplace and should probably have accepted the firm’s initial offer to refund half of your deposit. They may be able to justify keeping your £300 if the fireplace has sat in their showroom with a “sold” sticker on it for months. A deposit is normally considered non-refundable except where there is an indication to the contrary.