Q. The title deeds to my sister's home have been accidentally destroyed during building work. Is it possible to obtain a document showing that she owns the property? When her husband died in 1996 and she became sole owner the executor said it wasn't necessary to register the transfer.

A. It didn't become compulsory to register such changes until April 1 1998. If her house isn't registered at the Land Registry (it's easy to check online, or ask your solicitor to do it for you) then she may have to swear a statutory declaration explaining that the title deeds have been lost and providing evidence of her ownership.Your sister should contact the Land Registry for advice in the first instance.

Surprise service charge

Q. I've bought a house, but the people I bought it from have been demanding £9 a month for caretakers, communal lighting and grass cutting and so on. I don't benefit from any of these things: they relate to flats local to the estate. The charge was in the contract, but it was in the small print and never brought to my attention.

A. You should discuss this with whoever carried out the conveyancing to purchase your property. They were potentially negligent in failing to point out the charge so if necessary they should apply to the Leasehold Valuation Tribunal for a determination on whether you are liable to pay it.

Is it now our garden?

Q. We live in a house of which there are three in the row. Two of us bought our houses from the council, and 12 years ago we got permission from the council to fence off the area at the front to make three gardens. Would we be able to claim ownership of the gardens if we decided to sell?

A. If you have permission to use the land the "adverse possession" principle of 12 years' unopposed occupation will not apply. In any case the law has changed, so you would have difficulty claiming the land, assuming that it's registered at the Land Registry. You should ask a solicitor to look at the document giving you permission, but it's almost certain to contain a clause preventing you claiming ownership. You may be able to buy the land quite cheaply.

Jeremy Woodward is head of the personal client team at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444, email law@nash.co.uk Website: www.nash.co.uk

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