http://www.householdlawyer.co.uk Full list of questions answered by Household Lawyer - fine for browsing, but use the search facility to find specific answers by keyword. daily 1 2007-06-18T15:12:08Z http://www.householdlawyer.co.uk/questions/i-am-going-to-buy-my-father2019s-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 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. No publisher MariaMason 2008-11-21T09:45:30Z Rich document http://www.householdlawyer.co.uk/questions/can-my-husband-and-i-transfer-the-ownership-of-our-second-property-to-our-daughter-without-incurring-capital-gains-tax 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? No publisher MariaMason 2008-11-20T17:04:04Z Rich document http://www.householdlawyer.co.uk/questions/which-flat-owns-the-space-between-the-ceiling-of-one-flat-and-the-floor-of-another 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? No publisher MariaMason 2008-11-17T11:31:47Z Rich document http://www.householdlawyer.co.uk/questions/do-wind-turbines-need-planning-permission 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? No publisher MariaMason 2008-11-17T10:49:46Z Rich document http://www.householdlawyer.co.uk/questions/i-am-considering-planting-leylandii-as-a-hedge-alongside-my-neighbours-existing-wire-fence-to-give-us-some-privacy-can-i-do-this 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? No publisher MariaMason 2008-11-11T11:52:18Z Rich document http://www.householdlawyer.co.uk/questions/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 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? No publisher MariaMason 2008-11-11T11:12:12Z Rich document http://www.householdlawyer.co.uk/questions/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 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. No publisher MariaMason 2008-11-05T13:16:53Z Rich document http://www.householdlawyer.co.uk/questions/i-want-to-keep-chickens-in-my-back-garden-but-it-is-stated-in-my-deeds-that-i-cant-do-this-is-there-any-way-round-this 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! No publisher MariaMason 2008-11-04T16:50:46Z Rich document http://www.householdlawyer.co.uk/questions/an-underground-water-pipe-has-burst-on-my-neighbours-property-who-is-liable-for-the-cost-of-repair-as-this-pipe-feeds-five-houses-in-the-street 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? No publisher MariaMason 2008-11-03T11:27:13Z Rich document http://www.householdlawyer.co.uk/questions/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 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? No publisher MariaMason 2008-10-24T10:19:41Z Rich document http://www.householdlawyer.co.uk/questions/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 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? No publisher MariaMason 2008-10-23T11:20:54Z Rich document http://www.householdlawyer.co.uk/questions/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 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? No publisher MariaMason 2008-10-23T10:05:29Z Rich document http://www.householdlawyer.co.uk/questions/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 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? No publisher MariaMason 2008-10-22T10:36:38Z Rich document http://www.householdlawyer.co.uk/questions/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 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? No publisher MariaMason 2008-10-17T11:03:51Z Rich document http://www.householdlawyer.co.uk/questions/what-are-the-potential-consequences-of-failure-to-complete-on-an-off-plan-property-purchase 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? No publisher MariaMason 2008-10-16T15:07:36Z Rich document