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Legal updates

06 November 2019 Residential property

When many of us think about heritage properties, we think of buildings associated with our architectural past: a castle, stately home or elegant Georgian townhouse perhaps. But new developments, such as barn and warehouse conversions, may also be heritage properties if they are listed or in a conservation area. In this article, Philip Taylor, residential property expert with Pearsons & Ward in Malton looks at the different categories of heritage property and the implications for buyers who face the prospect of having to deal with the obligations that go hand in hand with owning a property of historical interest.  ‘If you are considering buying a listed building, a property in a conservation area or a property that appears in a local heritage asset list, then it is important that you speak to your solicitor at…
06 November 2019 Residential property

If you occupy land or buildings, then you will usually be under a duty to take reasonable steps to prevent anyone visiting you being killed or injured or suffering damage to their property.  You will also be under a duty not to do anything which may cause harm to your neighbours. The extent of the duties imposed on you will vary depending on the circumstances but where a breach of duty occurs the consequences could be serious, as Johanne Spittle, Head of Litigation with Ware & Kay in York & Wetherby explains.   ‘We live in a world where anyone who suffers damage or personal injury expects to be compensated’ says Johanne.  ‘This includes people who are lawfully on your property like employees and invited visitors, but also those who are there unlawfully like squatters…
05 November 2019 Employment advice

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim. Your procedures need to be fair and your decisions need to be justifiable. Gill Wilkinson, employment law expert with Pearsons & Ward in Malton offers employers six tips for the fair handling of disciplinary issues.  When to suspend an employee If an allegation of misconduct arises, suspending the accused employee should not be the default response. Instead, you should consider: the seriousness of the alleged misconduct and whether the employee’s behaviour could justify summary dismissal; the risks of further problems if the employee is allowed to remain in the workplace; and the possibility of interference with the investigation if they are…
17 October 2019 Wills and estates

As farming families frequently rely on the natural succession of the farm, where ownership is passed down through the generations, every care must be taken to avoid a hefty inheritance tax bill. The first step is, of course, to ensure that you have a valid and up-to-date Will to ensure that the legal ownership of the land and business assets used in running the farm pass to your chosen relatives or other beneficiaries. In addition, your Will should be drafted smartly to ensure that it makes use of every available opportunity to ease inheritance tax liability – particularly with regard to the use of agricultural and/or business property reliefs. Another such measure that was only introduced in 2015 is the residence nil-rate band. Laura Carter, specialist agricultural Wills & Probate Solicitor at Pearsons & Ward…
08 October 2019 Residential property

In the recent case of Stanning v Baldwin the Court was asked to consider a number of issues one of which as to whether the redevelopment of the Claimant’s property and construction of 4 houses would lead to an intensification of use of a right of way over land owned by the Defendants. The Claimant, Glynis Stanning, owned The Coach House, access to which was over an unsurfaced and unadopted track over Gerrards Cross Common near Slough, a local beauty spot registered as common land. The track was the sole means of vehicular access and the right of way arose by prescription. In 2017 the Claimant obtained planning permission to demolish the Coach House and to erect four terraced houses, with underground parking for nine cars and with access to continue over the track across…
01 October 2019 Residential property

Experts predict that the housing market will face some challenging times in the months ahead as the number of sales continue to fall. With the average house now taking over 19 weeks to sell, the outlook may appear disheartening if you want to sell. There are still buyers out there, searching for their next home from a smaller pool of properties, and Philip Taylor, a residential conveyancing expert with Pearsons & Ward in Malton, offers some advice on selling your home in a flat market. Be realistic on price Market data suggests that overall house prices are slipping. There are strong regional and local variations, so it pays to research the sale price your home may realistically expect to achieve. Local estate agents should have a good idea of how much your property is likely…
19 September 2019 Family Matters

As so many farming businesses have been passed down from generation to generation, representing decades of hard work and family history, it is vital to consider any potential threats that might prevent the farm staying in the family and being passed down to future family members. While farming couples may have enjoyed living together on the family farm during their marriage, a divorce can mean that the family farm has to be sold to raise funds in the divorce settlement unless legal steps are taken to stave off such a devastating threat. Juliet Walker specialist agricultural Family Solicitor at Pearsons & Ward in Malton explains how a nuptial agreement can help farming families protect their inherited assets from divorce. A nuptial agreement is a legal agreement between a married couple or civil partners that lays down in writing…
12 September 2019 Family Matters

Leaving a relationship is the hardest thing you may ever do. We are here to help.
22 August 2019 Commercial property

With this year’s Glastonbury festival behind us, where the working dairy herd at Worthy Farm in Somerset makes way for the world’s biggest music festival, many farmers may have been wondering what innovative ideas they too could explore to boost their income and get the most out of their land. These days there are an increasing range of opportunities for short-term farm diversification from letting someone use  part of your land for grazing or storage purposes, to holding one-off events like a car boot sale, weddings or even a festival. However, before you allow another person to use your land it is important to take legal advice to ensure that your arrangement is properly documented and that you both understand the remit of the permission granted.  Andrew Little, commercial property law specialist at Pearsons…
09 August 2019 Events

Date: 26th September, 2019   Time: 8.00am – 10.00am Location: Triune Court, Monks Cross Drive, York Are you involved with Commercial Property? Ware & Kay Solicitors are teaming up with Garbutt & Elliott to host an update covering commercial property and property tax Guest Speakers Legal experts David Hyams, Johanne Spittle & Andrew Little will each host a bite-sized session on some of the various aspects of commercial property, which will include 5 Top Tips on leasing out commercial property Dilapidations claims: A reminder of the practical issues for landlords tenants What to consider when purchasing a commercial property G&E Tax team saves their property clients millions of pounds each tax year Experts Rob Durrant-Walker & Naveen Sahney will tell you how to save substantial amounts of tax on your commercial property, which will include: When and how…
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