Solicitors Poole and Alcock answer questions on legal issues surrounding your home.

Q. I have been quoted £535 and £350 by two different estate agents for the preparation of a Home Information Pack (HIP). Why should the price be different for the same document?

A. There are several reasons: 1) Increased profit/commission for the estate agent or the HIP provider 2) If you choose to defer the payment of the HIP this increases the overall cost 3) Location of the company could mean that they have higher overheads Always check that the company follows the HIP code and that the HIP will comply with the relevant regulations. It is also worth checking that there are no hidden charges e.g for providing a hard copy HIP.

Q. My son is purchasing a property with his partner. I am going to assist by giving him some ‘early inheritance’. How can he protect this gift in the event that separates from his partner in the future?

A. You can have your solicitor draft a ‘Declaration of Trust’. This is an agreement between the parties specifying how the sale proceeds will be divided in the event that the property is sold. It is possible to ‘fence off’ the gift so it is held in trust for your son and repaid to him before the balance of the sale proceeds is divided between his partner and himself.

Q. My neighbour's oak tree overhangs my property. During the heavy snow a large branch broke off and fell on my greenhouse destroying it. My neighbour says it was not his fault and refuses to pay for the damage. Is he liable?

A. Yes. The owner of the land upon which the tree stands is liable for any loss or damage caused by its falling branches (or indeed if the tree falls itself). Your neighbour has a responsibility to conduct regular risk assessments of any overhanging branches and identity any potential causes of harm to people or property. As the branch overhung your greenhouse then there was always a possibility of damage (regardless of the cause) and your neighbour could have prevented this by removing the branch. As this action was not taken then your neighbour must now remedy the situation by paying for the damage to your greenhouse.