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I am going to buy my father’s property as he has lost his job and is in financial difficulties. What is the simplest way to conclude the transfer? Do we need separate lawyers? — by Maria Mason — last modified 2008-11-21 10:45

My father currently owns a property with a mortgage but he has lost his job and now wishes to emigrate. Because of the market conditions there aren’t that many potential buyers who would be willing to purchase the property. Therefore, after careful consideration, I have decided to purchase the house for £275,000 and continue living in it. What is the simplest way to conclude the transfer? As this is a family transaction I am sure we don’t need two different lawyers to represent us. It seems I will just be liable for stamp duty and payment of the outstanding balance to my father.

Can my husband and I transfer the ownership of our second property to our daughter without incurring capital gains tax? — by Maria Mason — last modified 2008-11-20 18:04

My husband and I have a second property - can we sign a Deed of Transfer to transfer the ownership into the name of our daughter who is now 18 without incurring capital gains tax? The property is currently rented out and has financed her education for the past 7 years since acquiring the property when her grandparents died. The property would have been put in her name 7 years ago but we were told she had to be 18 before she could legally own it?

Which flat owns the space between the ceiling of one flat and the floor of another? — by Maria Mason — last modified 2008-11-17 12:31

Which flat owns the space between the ceiling of one flat and the floor of another? We live in a victorian conversion, ground floor flat. We would like to build an extension but the roof height is limited by the flat above. Are we allowed to build only to our existing ceiling height or to halfway between our ceiling and the upstairs neighbour's floor?

As wind turbines are not permanent features, do they need planning permission? — by Maria Mason — last modified 2008-11-17 11:49

As wind turbines are not permanent features because they have a life span of 20-25 years and, in the case of free standing pivoted towers, can be lowered and removed as and when necessary and the site made good with very little effort, do they require planning/development control permission?

I am considering planting Leylandii as a hedge alongside my neighbour's existing wire fence to give us some privacy. Can I do this? — by Maria Mason — last modified 2008-11-11 12:52

I am considering planting Leylandii as a hedge along the side of our paddock which runs along the side of our neighbour's garden. Our neighbour has ownership and maintenance responsibilities for the existing fence but this is only a wire fence and affords us no privacy. I would grow the hedge on our land and leave 1.5 feet between his wire fence and our hedge to facilitate clipping. Can I do this?

In the case of a property with a mortgage and second charge, does the first charge holder have to give permission for re-possession or can independent action by the second charge holder result in re-possession? — by Maria Mason — last modified 2008-11-11 12:12

My daughter and her husband jointly own a property with a mortgage and a second charge on it. The property is in negative equity and they both have significant other unsecured debts. The second charge company are pursuing for re-possession and a Court date has been fixed. Does the first charge holder have to give permission for re-possession or can independent action by the second charge holder result in re-possession? The first charge mortgage holder has agreed a rolling repayment of their mortgage with them both and they are keeping to this plan so far with any arrears being negotiated for a later agreement. What defence do they have against the second charge action?

I have just been granted a Deed of Grant by my neighbours to use part of their drive for access. What is the purpose of the 80 year perpetuity period? Does the right of access end after 80 years? — by Maria Mason — last modified 2008-11-05 14:16

I have just been granted a Deed of Grant by my neighbours to use part of their drive for access to my property. I am now selling my property and it says the perpetuity period is 80 years. Does this mean that after 80 years they don't have to let the new owners of the house use this driveway? I know its a long way off but it might put buyers off.

I want to keep chickens in my back garden but it is stated in my Deeds that I can't do this. Is there any way round this? — by Maria Mason — last modified 2008-11-04 17:50

It is written in my Deeds that I can't have chickens in my back garden. It is not a council house. My local planning office say I can only get indemnity insurance against someone taking me to Court if I get chickens and they aren't happy with it. I would still have to get rid of the chickens. No-one seems to know why I'm not allowed chickens, houses further down my road built later have no such clause in their Deeds, or at least people in those houses have chickens! Apparently I need to get permission from the person who drew up the original Deeds (i.e. the person who owned the land originally). Is this the only way to get permission and if that person is dead how do I get permission? Can a Solicitor help? Apparently it is not a planning matter!

An underground water pipe has burst on my neighbour's property. Who is liable for the cost of repair as this pipe feeds five houses in the street? — by Maria Mason — last modified 2008-11-03 12:27

An underground water pipe has burst on my neighbour's property. Who is liable for the cost of repair as this pipe feeds five houses in the street?

If I stop paying the mortgage on my property in Spain, can the bank come after my assets in England if there is a shortfall on the money owed when they sell the property? — by Maria Mason — last modified 2008-10-24 12:19

If I stop paying the mortgage on my property in Spain, can the bank come after my assets in England if there is a shortfall on the money owed when they sell the property?

My mother has a second property which she rents out. I would like to take over the mortgage payments for this property. How would we go about doing this? — by Maria Mason — last modified 2008-10-23 13:20

My mum owns a second property that she currently rents out and which is due for re-mortgage. However she is concerned about the increase in mortgage rates and as I am currently renting I would be able to take over the mortgage payments for her. How can she go about selling the property to me or including me on the Deeds somehow so that I can do this? Will there be any tax implications?

I bought a property with a friend. I now wish to sell my half but she is unable to buy me out and refuses to sell. What can I do? — by Maria Mason — last modified 2008-10-23 12:05

I bought a property with a friend of mine. I now wish to sell my half and buy a new property with my partner but my friend is refusing to sell. She is unable to buy me out and has stated she is not prepared to go back into rented accommodation. Where do I stand legally with selling the house?

If I add my wife to the Title Deeds and mortgage of my property, will I have to pay any tax or Land Registry fees? — by Maria Mason — last modified 2008-10-22 12:36

I have a house and a mortgage of £220,000 in my sole name. I want to add my wife's name to the Title Deeds and, ultimately, the mortgage to become a joint mortgage. Do I have to pay any tax or Land Registry fees? How much would it cost to do this?

We have been parking on what we believed to be unadopted land for eight years and the previous owner parked there since 1988. The land is now going to be developed, have we got any rights? — by Maria Mason — last modified 2008-10-17 13:03

We live in one of four houses which share an unadopted road. The four houses are on one side of the road and the other side is owned by a Housing Association which provides garages for rent. They wish to redevelop the garages into a couple of flats (with parking for the flats). We have been parking on the left of the garages on what we believed to be unadopted land for eight years, and those who lived in our house previously had used it since 1988. Our "parking spot" would be lost in the proposed development. Would we be in any position to stake a claim for the land on which we park, or at least to cite our usage as a means of making it difficult for the redevelopment to go ahead?

What are the potential consequences of failure to complete on an off-plan property purchase? — by Maria Mason — last modified 2008-10-16 17:07

What are the potential consequences of failure to complete on an off-plan property purchase? What penalties might be imposed beyond losing the deposit if the buyer walks away from the purchase?

I am considering purchasing the freehold for my leasehold bungalow. Is VAT payable on the purchase price? — by Maria Mason — last modified 2008-10-16 15:42

I own a bungalow which is on leasehold land with an annual ground rent and 51 years left on a 99 year lease. I have been quoted £7,950 plus costs to purchase the freehold. I know that VAT is payable on the legal and survey fees but is it also payable on the £7,950 itself? Also, if I do not proceed, are there any limits on the increase in this quote as the years left on the lease diminish? I was thinking in relation to the value of the property for example.

Our neighbours are objecting to our proposed extension and refusing access to their property which we need to erect scaffolding. How can we resolve this? — by Maria Mason — last modified 2008-10-15 11:55

We are planning an extension to our property, which unfortunately our neigbours are objecting to. They have informed us they will refuse access to their property for this extension to go ahead (we may require to erect scaffolding in their garden) . Our house is right on the boundary and we will also need to put a vent in the side of the wall for our tumble dryer. How can we resolve this, if at all? Do we have any rights?

When a vendor leaves fixtures and fittings (e.g. light switches) should they leave the original light switches or can they be swapped for alternative ones? — by Maria Mason — last modified 2008-10-13 13:21

When a vendor leaves fixtures and fittings (e.g. light switches) do they have to leave the same light switches as were there when the purchaser viewed, or can they be swapped for alternative ones?

How do I go about claiming possession of an unregistered piece of land? — by Maria Mason — last modified 2008-10-13 10:09

I know of a plot of land that does not belong to anyone and is not registered. Can I claim vacant possession by staking my claim and putting a fence around it? If so, how do I go about this legally please?

We have a large tree in our garden which overhangs three other properties. Would we be liable for any damage caused to the properties by our tree? — by Maria Mason — last modified 2008-10-08 13:40

We have a willow tree in our garden which is so large that it overhangs three properties on our boundary. Would we be liable for any damage caused to the properties by our tree?