Offer he should have refused
Q. My son has just been offered a mortgage, even though he doubts he can afford the repayments. Is the lender not at fault for failing to obtain proof of his income??
A. It is still possible to obtain a “non-status mortgage” where no proof of income is required and the applicant has no previous mortgage history. Generally speaking such mortgages come with a higher interest rate to reflect the risk undertaken by the lender, although there are brokers who specialise in finding such loans. They are easier to come by if the borrower is able to produce a sizeable deposit. If your son ends up having his property repossessed for defaulting on the mortgage he may have grounds for complaint to the Financial Ombudsman Service, on the basis that the lender failed to take into account how his age or experience affected his ability to enter into a credit agreement of this nature.

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Partial remains
Q. My parents bought their house in 1959 for cash and kept the deeds themselves. Parts of them have now been lost, and the remaining deeds only describe the property and give details of previous sales, plus the names of the solicitors who transferred the property into my father’s name. There is no address or details of the transfer to my parents. How will we proceed when my mother leaves the property in her will?
A. Your parents bought their house two years before compulsory registration was introduced in Great Manchester in 1961: otherwise the property’s details would have been on file at the Land Registry. If the solicitors can be traced it’s possible they still have possession of the missing transfer document. Failing that it will be a good idea for your mother whilst she is alive to make a statutory declaration confirming the circumstances of the loss of the deeds and for there to be a voluntary application at this stage to the Land Registry. If the evidence of the transfer to your mother is not strong enough to enable the Land Registry to grant absolute title your mother may end up with “possessory” title but after a certain number of years this can be upgraded. If you leave the Land Registry application until after your mother’s death it may hold things up if you plan to sell the property at that stage.

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Business records
Q. Is there an address I can write to for information on shops, garages, warehouses, factories etc from 1900 to the present day, to find out when they started in business and ceased trading?
A. There are a number of historical societies in and around Manchester which may be able to help you, for example the Manchester Region Industrial Archaeology Society. You can contact them by writing to the secretary c/o 108 Woburn Drive, Hale WA15 8NF or visit mrias.co.uk online. The Greater Manchester Chamber of Commerce (0161 245 4800) may also be able to help. Unfortunately the Land Registry records for this area will only go back to the date of compulsory registration less than 50 years ago.

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Clearing a blockage
Q. There’s a sewage chamber in our garage which takes three of our neighbours’ sewage through pipes under our garden. When it gets flooded there’s a horrific smell and they have to come out to empty it. We can’t build over it, and we seem to be stuck with the problem.
A. Whoever built the garage over a sewage chamber almost certainly did so in contravention of building regulations. This could present a problem if you ever wanted to sell the property. The first thing to do is to find out why it’s flooding. There will probably be a clause in your title deeds allowing you to share the cost of any work connected with the drains (including clearing blockages) with your neighbours “upstream”. If a drain inspection reveals that remedial work is required, such as digging up the pipes, I suggest you move the chamber at the same time. Warn your neighbours that you are expecting them to chip in, even though technically they won’t be responsible for moving the chamber itself.

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Business as usual
Q. My wife and I have a joint bank account. We have made wills leaving everything to each other. What will happen when one of us dies? Will the account still operate, paying standing orders etc before probate is granted?
A. Yes. The money in the joint account automatically becomes the property of the survivor. The account can be transferred into the survivor’s sole name in due course, but will continue to function without a break. An account in the sole name of the deceased would be frozen and standing orders and direct debits would cease.

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