Wanting to share
Q. We have recently made our wills, and I find that our title deeds have only got my name on them. We are a married couple, and I feel that my wife’s name should also be on the deeds. Can you advise me what the procedure might be?
A. The way you own your house – either in your sole name, as “beneficial joint tenants” or as “tenants in common”– could be important depending on how much you are likely to leave, whether you have children and whether care home fees could be an issue. For instance, if you are older than your wife and (putting it bluntly) more likely to die before her, it might be sensible for the house to stay in your sole name and for your will to provide that the house should pass into a trust on your death. This would protect the value of your house in circumstances where, following your death, your wife subsequently went into care. You will need a solicitor to deal with the putting of the house into joint names, but before taking this step you should find out what the implications are.

Plan for a dry dormer
Q. About two years ago we had a problem with our dormer roof letting in water. We had it repaired, but the leak continued. A second roofer made some slight repairs and reflashed the chimney, but says the leak is coming from next door. Our neighbour, also a builder, has poured hot tar over his roof and says it is fine, but we still have torrents of water coming in. I have been advised that litigation will cost me thousands, but there seems to be no way of resolving the issue.
A. You could possibly sue your neighbour for “nuisance” but as you say it could be expensive, especially if the facts are in dispute. He may even have a right in the title deeds to discharge water on to your property! There are however procedures under the Party Wall (etc) Act which could help you resolve this problem, either by gaining access to your neighbour’s roof or by installing a barrier between the neighbouring house and your own. A surveyor should be able to come up with possible solutions as well as advising on the formalities required under the Act.

Can we come in?
Q. There’s some open freehold land which hasn’t been fenced off for more than 20 years. There’s nothing in the register about rights of way across it. Have vehicles the right to cross the land, and if so who would be responsible if there was an accident?
A. It depends on the circumstances. If you have looked at the charges registry at the Land Registry to check the legal status of the land it suggests a specific situation has developed. Unfortunately you don’t say what this is and it is therefore only possible to give a general answer. If a landowner let members of the public on to his land knowing there was an uncapped mineshaft he could probably be held liable if someone fell down it. If they walked into a tree he couldn’t. Under the Occupiers’ Liability Act 1984 landowners can exclude liability for the dangerous state of their land provided they are prepared to allow the public to come on to it for nothing. It is possible for individuals to develop a right of way across land by usage over many years.

Who deals with problem tenant?
Q. What are the responsibilities of an agent whom one employs to oversee the letting of a house in the event of a problem tenant?
A. It depends what level of service you have signed up for. The first level is introduction only: once the agent has found you a tenant you are on your own. The second level, and correspondingly more expensive, will have the agent collecting your rent for you, but you will still have to inspect the property and take action in the event of problems. If you have signed up to a full management service you will probably be able to expect your agent to maintain the property and deal with difficulties as they arise. Check your contract to see what you have signed up to. You should probably see a solicitor if you need to evict the tenant for breach of the tenancy agreement.

Flats in my garden
Q. Some 50 years ago a block of flats was built on land next to my property. I have recently found out that part of the building encroaches on to land of which I am the leaseholder. Would I have a claim for compensation after all these years?
A. You won’t have a claim for compensation, but the freeholder (from whom you lease the land) might. This is a complicated area, but you as the leaseholder will have lost your rights to the land after 12 years through “adverse possession”. However the freeholder, or landlord, cannot lose land in this way until the lease has expired, and has the right to recover the land for 12 years from that date.