Your legal questions answered by Fahmida Ismail, Partner, Sydney Mitchell.
As published in the legal pages of the Birmingham Post, September 2012
Q. We own a unit in a factory building that has been divided into three, leaving complicated access arrangements. Our deeds say we can use the land in the same way as it was used before the factory was divided. But newcomers have put up outbuildings and built walls so that now we have to cross land owned by developers to get to our property.
A. It sounds as though the access to your property has been whittled away over the years. It’s important to stand up and fight your corner as each encroachment occurs. These difficulties could seriously devalue your property – probably a major asset – so you can’t ignore them any longer. That means taking a plan of your property and your deeds to a solicitor experienced in these matters before you find your access closed altogether. You can lose rights by delaying enforcing them.
Q. We were married nearly 40 years ago and the house we bought is registered in my name only. We’ve been told that in the event of my death, or the need for care home treatment, not having the house registered in both names will cause problems. Is this true?
A. The value of your house wouldn’t be taken into account for care home fee purposes while either of you were still living in it. However if you were to die and leave the property to your wife it could be at risk if she then had to go into a home. It may be advisable to own the house as tenants in common, ie in separate shares, so that only half its value would be at risk. You should discuss this with a solicitor and certainly make a will if you haven’t already done so.
Q. In the middle of the night a car was driven up our drive and rammed into the back of my son’s car. The car has been repaired by his insurer, but his next premium has gone up by more than £300. The car that did the damage has never been found. Is there any fund that can recompense him?
A. Unfortunately the Motor Insurers Bureau will only accept claims of this nature where personal injury is involved. Where people are claiming for damage to property or vehicles, they must be able to identify the vehicle that caused the damage. Even if your son had been able to do this the MIB would still have charged him a £300 excess to handle the claim, so he would have been no better off. Your son may be able to find a lower premium from a different insurer.
For further advice on any of the issues raised in this article, please contact Fahmida and the specialist teams at Sydney Mitchell on 0121 746 3360 or fill in our online enquiry form.
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