Stonebow Law

Frequently Asked Questions

Property Ownership

1. 
What do I do if I have lost my deeds?
The procedure will depend on whether the property is registered or unregistered and how they came to be lost. If title for your property is registered in H.M Land Registry then since the Land Registration Act 2002 came into force this may no longer constitute a problem. In the more unusual situation where title to you property is not registered in H.M Land Registry the individual circumstances will need to be investigated and specialist legal advice may be required to resolve the situation.

2. 
My neighbour says he owns part of my garden. What should I do?
You will usually need to compare your neighbours title with your own to establish the position. Provided your neighbours title is registered in H.M Land Registry you will be able to examine a copy of your neighbours title and plan of his property without your neighbours consent by making an application to H.M Land Registry for copies of the title and plan. If the land in question is not registered in H.M Land Registry you will be likely to require specialist legal advice and assistance.

3. 
What happens at the end of the lease term?
At the end of the lease term the landlord may take steps to gain possession of the property. However it may be possible to negotiate a new lease or an extension of the original one. In certain cases you can insist on an extension or the purchase of the freehold.

4. 
What do I do about the services at the property when I move?
As soon as you know your moving date you should notify the electricity, gas and telephone companies. They will then prepare a final bill. Consider redirecting your post with the post office.

5. 
Who do I notify?
Any mail order subscriptions
Banks
Building Societies
Credit Card Companies
Dentist
Doctor
DVLA
Employer
House Insurance Company
Local Authority Council Tax Department
TV Licensing
Water Company

6. 
My spouse has died what happens to the property?
If the property is in joint names your title will need to be checked to see if the property automatically passes to you. If not or if the property is in your spouse's sole name a grant of probate or letters of administration will be required.

Alterations

1. 
I want to build an extension. What permission do I need?
You may need planning permission and/or Building Regulation Approval depending on the design and size. You may also require the original developer or your neighbour's permission if the property is subject to a restrictive covenant. If a property is leasehold you may also require your landlord's consent. Some properties also require Listed Building Consent. It is always best to check with the local authority first.

2. 
I want to build an extension do I need to tell my neighbour?
It is always best to. You may require his consent as a result of a restrictive covenant, or he might object to your application for planning permission. Also consider whether you will have footings on his land or need access to maintain your extension. You do not automatically have the necessary rights and may need to negotiate these.

3. 
Do I have to tell my lender I want to let my property?
Yes. Failure to obtain their consent is likely to be a breach of the mortgage conditions.

Rights Relating to Property

1. 
I have a shared drive, what are my rights?
Your deeds will need checking to ensure that proper rights were granted to you over the part of the drive within the ownership of your neighbour.

2. 
My neighbour will not allow me onto his land to repair my wall / fence. What can I do?
Your title deeds may give you a specific right to do this. Otherwise the Party Wall Act 1996 and/or the Access to Neighbouring Land Act 1992 can in certain circumstances offer the property owner a solution to the problem.

3. 
My neighbours hedge is overgrown, can I cut it down?
As far as it overhangs your land you can trim the hedge to prevent this. However the trimmings will belong to your neighbour.

4. 
My neighbours are noisy, what can I do?
You should first speak to them and ask them to be quieter. If they continue to be noisy they may be causing a nuisance. The local authority may be able to help with noise abatement.

Miscellaneous

1. 
How do I know if the property will flood?
Any property close to a river can flood. An environmental search will establish the likelihood of flooding. In some instances a specialist flood report is recommended to be obtained for further details.

2. 
Why is my buildings insurance different to the value of my property?
The insurance value is based on the cost of rebuilding the property as it is. Therefore the value does not include the land on which the property is built but also if a property is semi - detached the cost may include repairs to the adjoining property.

3. 
How do I find out the amount of council tax payable?
Telephone the local authority and ask to speak to the council tax department. They will require the address and postcode.

4. 
How can I tell who owns the hedge/fence/wall separating my property from my neighbour's?
Your deeds may say who owns certain boundaries or whether they are party walls. If the deeds are silent, other indicators are: who built the wall or planted the hedge, does it retain any land and is it a similar material to any other property in the area?

5. 
My service charges are too high, what can I do?
Your lease will set out what charges your landlord can recover. It is now possible for a group of residents to apply to the leasehold Valuation Tribunal to challenge the amount or appoint a manager or they can purchase the freehold.

6. 
Can I object to the insurance my landlord has arranged?
Your lease will set out the landlord's obligations in respect of insurance. A challenge can be made to the leasehold Valuation Tribunal where the cover is unsatisfactory or the premium excessive.

CYBERCRIME WARNING - AVOID BEING A VICTIM

Cyber fraud is a real and increasing threat particularly the risk of criminals intercepting emails and fraudulently changing legitimate bank account details with the objective of stealing your money. Please note that our bank account details will not change during the course of a transaction and we will not e-mail you our bank details as e-mails are not secure. Please be vigilant and ensure caution at all times when responding to any requests for your bank details. We will not accept responsibility if you transfer money into an incorrect bank account.