Shared driveway likely to be a right of way
Blocked in
Q. I live in a maisonette with a shared driveway. Even though we each have a garage, our upstairs neighbours have taken to parking one of their cars in the driveway, which gives us very little room to squeeze past, even on foot. Have I the right to ask them not to park there? We pay ground rent each year.
A. Your lease is likely to stipulate what use can be made of the drive. If you haven't got a copy you should get hold of one, either through your solicitor or from the Land Registry. It seems likely that you will have a right of way which would prevent your neighbour from blocking the drive by parking on it. You may be able to ask your landlord to enforce any conditions in the lease.
Buying aunt's house
Q. My aunt is selling her house to me for £80,000 on condition that she lives in it for the rest of her life. If she were to go into a nursing home, would I be liable for any of the fees?
A. Probably not, since she would still have your money with which to pay the fees. If she just gave you the property and had to go into a home in the near future, the local authority could well decide that the transaction was an intentional "deprivation of assets". In these circumstances, it has power to make the person who received the capital liable to contribute to the accommodation charges. You should discuss your plans with a solicitor, especially if you already own a house, since you may unnecessarily be creating a capital gains tax liability.
Staying put
Q. I have lived in private rented accommodation for more than five years. At one stage the landlord's former partner came back on the scene and wanted to take over the property. It was all sorted out in the end, but I have three children and would like more security. Is it possible to get a long-term tenancy agreement, say for 20 years? I currently get a new agreement every 12 months.
A. The minimum period for a tenancy is six months, but there's no maximum. So in theory your landlord could offer you a 20-year tenancy. However, his solicitor would probably advise him against such a commitment. His personal circumstances could change, requiring him to move away; or he could even die within the next 20 years, leaving his heirs with the problem of a sitting tenant. While there may be an advantage for you in a long-term tenancy, there's not much in it for your landlord.
Jeremy Woodward is a partner and head of the personal client team at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk Website: www.nash.co.uk If you have a legal problem, write to You and the Law, Room 101, Western Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6 5AA, or leave your query on our Legal Adviceline 0117 964 4794.








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