Getting to the root of the problem

HERE Simon Hughes answers you legal questions.

Simon Hughes is a Partner and Head of Private Client at Rowlands Solicitors LLP, 3 York Street, Manchester. Offices throughout Greater Manchester. Tel 0161-835-2020. If you have any legal problems write to Property Law & You, News Desk, Manchester Evening News, Number 1 Scott Place, M3 3RN or leave your query on 0117 964 4794.

 Q I live in a private house. A tree owned by the council at the front of the property is causing damage to the brickwork around my front door. Who is responsible for putting it right?

A I take it you believe the tree’s roots are causing subsidence to the front of your property, but without a surveyor’s report you won’t be able to confirm this is the case. If you have buildings insurance – and you probably have if you’ve taken out a mortgage – you should put in a claim to your insurers who will then send someone out to inspect the damage.
It will then be up to the insurers to recover the cost of any repairs from the council, or whoever owns the tree, if possible.
But it’s unlikely that the tree owner will be held responsible unless they were warned about the potential damage from the roots beforehand.

Altering title deeds

Q I am an only child and have inherited my mother’s house. My name is already on the deeds along with my late mother’s, but I’d like to know how to go about changing the deeds to my sole name. Will I need to involve a solicitor?

A It isn’t necessary, strictly speaking, to alter anything if your name is on the deeds as a beneficial joint tenant: the property will have become yours automatically by survivorship on your mother’s death, and the deeds can easily be changed at some stage in the future, should you ever come to sell the house for instance.

But assuming the property is registered at the Land Registry you will be able to change the title details by completing form AP1 and sending it, together with your mother’s death certificate, to the local District Land Registry.

They will then update their records free of charge. If the property is unregistered you would probably be better off seeing a solicitor.

Escalating insurance

Q I own a leasehold flat in a converted Victorian house. I have to pay for buildings insurance which is split three ways and which has gone up by £135 per flat this period. When I queried this, the agents said that all insurance premiums had gone up. Do I have to abide by the premium the landlord has chosen, or can I shop around for a more competitive quote?

A Owners of leasehold houses can now choose their own insurer as long as they follow the correct procedures. Unfortunately this doesn’t apply to owners of leasehold flats, since it’s important for there to be a single policy covering all risks to the building as a whole. You could challenge an unreasonable premium at the Leasehold Valuation Tribunal; if you can find much cheaper buildings insurance elsewhere you may wish to pursue this. You also have a right to request a copy of the policy provided by your landlord. They must comply with a written request within 21 days.

Ground rent fears

Q I live in a 1930s semi which attracts an annual ground rent of just £4.50. I realise that even if I live for another 20 years the total ground rent I will pay over that time will only amount to £90. But I am concerned that if the freehold is sold on, the new owner may suddenly hike up the annual rent or offer to sell me the freehold for several hundred pounds. Could this happen?

A A new owner, or the current one, could offer to sell you the freehold for an extortionate amount, but you would be under no obligation to buy it. And your annual ground rent cannot be increased unless there is a clause in your lease allowing your landlord to do this. There is no such clause – otherwise your ground rent would be considerably more! You should get hold of a copy of your lease. This is a binding contract between you and the freehold owner. If you are offered your freehold for only several hundred pounds you should probably buy it.

Home protection plan

Q I want to make sure my son doesn’t have to pay for us if we should ever have to go into an old folk’s home. Can I give the house to my son, and continue to pay the mortgage myself?

A You are expected to contribute to care home fees from your capital if you have more than £12,750, so I presume you are considering giving away your property with this in mind. The position is this: if the local authority believes that you’ve given away your assets with the intention of avoiding care home fees they can refuse to pay them. So the earlier you transfer the property to your son, the less able they will be to establish a link between the transfer and the intention. However, you could lose your home if, for example, your son was to divorce or be made bankrupt. And if he already has a home of his own it may not be such a good plan, so I recommend that you take detailed legal advice before embarking on such a course of action.

Your building society may have no objection to your son taking over your property and the mortgage, depending on his circumstances.

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