Sharing with Mum
Q. Twenty years ago we bought a property with my mother: we have the main house and she has the bungalow. How will we stand when my mother dies and we have to move out? How will the property be divided up, in as much as we have maintained and insured both properties over the years?
A. It depends how you bought the property in the first place. If you own it as beneficial joint tenants the property would become yours on the death of your mother. If you own the property as tenants in common, however, it will be divided up in whatever shares were determined at the time. If the property is divided in this way then it would obviously be something your mother could leave you in her will. If she left her share to someone else you could be in difficulty. The information you require will either be on your title deeds, or, assuming your house is registered, will appear on the proprietorship register at the Land Registry.

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Sister’s dithering
Q. I own a flat jointly with my sister. The tenant has given a month’s notice and moved out and I would like to sell the property since we are moving abroad shortly. But my sister cannot decide what to do, and has now gone off on six weeks’ holiday. I am worried that the flat will become damp and its value will start to drop. Can I sell without her permission?
A. If the property is in joint names then both signatures will be required to sell it. You could go to court for permission to sell without your sister’s consent, but this is likely to be a lengthy and expensive procedure and will not result in the quick sale you’re looking for. It would of course cause extreme bad feeling between you and your sister. Your best bet is probably to compile a list of work required on the property which your sister will have to chip in for and persuade her of the merits of selling up.

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Breaking the rules
Q. I have a holiday cottage. My neighbours are putting up a conservatory and a summerhouse and are planning to let the property out this season. This is despite restrictive covenants which state that no new buildings must be constructed without my permission and that the property must not be used for commercial purposes. They say there’s nothing I can do about this, but are they correct, and what would it cost?
A. If there are restrictive covenants in your favour your neighbours may have to apply to the Lands Tribunal to have them removed, and they would have to compensate you even if they were successful. The law on such covenants is complicated so you should see a solicitor urgently, since if you need to obtain an injunction it would be preferable to apply for this before the work has started. Your neighbours may have to pay towards your costs of any litigation if they have flouted covenants which you brought to their attention.

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House with waterfall
Q. Has the local council any obligation to maintain what it terms a “private lane”? The lane serves three cottages, and for much of the time it better resembles a stream since water pours down it from old workings above the houses. Years ago the council built a pipeline to take some of the water away, although it insisted it was not obliged to do so. Can the council be made to take the lane over, or can I apply for a reduction in my council tax?
A. If you own the road jointly with the other cottages on the lane (your title deeds should tell you) you may be able to force the owner of the land above you to do something to stop the water running down your lane. The fact that the council has been involved before suggests that they may be the landowners! Show your title deeds to a solicitor. The council would only consider adopting the lane if you bore the cost of bringing it up to standard in the first place. The council tax is based on the value of your house; unless you can argue that the “stream” devalues the cottages to the extent that they should be in a lower tax band you won’t be successful in applying for a reduction.

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Surprisingly well off
Q. When I work out what I own I estimate it will come to more than the inheritance tax threshold of £312,000. Will my beneficiaries have to pay inheritance tax on the entire amount, or just the amount which is over the £312,000 limit?
A. Just the amount that is over the £312,000 threshold. With the increase in property prices over the last 15 years many people are likely to find themselves, perhaps unexpectedly, in your situation. However there may be things you can do to avoid paying inheritance tax at all, and since anything above the threshold will be taxed at 40% it’s well worth investigating. I suggest you make an appointment to see a solicitor specialising in tax and trusts.

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