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Legal updates

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…
24 July 2019 Family Matters

It is increasingly common for parents to give money to their children to help them buy a property or set up a new business. You may intend this purely as a gift to your child to help them with their new venture not appreciating that in the event of a separation or divorce, that gift may be “lost.”  How can you protect this money if your son or daughter subsequently divorces?  Loan or ownership: You can protect your investment in the new venture by either taking a share in the ownership or making a loan which may also then be protected by taking a charge. If you opt for ownership your advisers can ensure that you are registered as one of the co-owners in the appropriate proportion. So, for example, if you are contributing 30% of…
24 July 2019 Missing Persons

A law named after missing chef Claudia Lawrence from York is being introduced to help families take over the affairs of loved ones who have disappeared. Usually called "Claudia’s law", the Guardianship (Missing Persons) Act 2017 will create a special legal status to allow someone to be appointed as guardian of the affairs of a missing person. It means families can act in the missing person's best financial interests after they have been missing for 90 days or longer (less in case of urgency) - such as suspending direct debits for bills, ensuring debts do not accumulate and making mortgage payments in order to avoid the distress of properties being repossessed and businesses being ruined. Peter Lawrence, Claudia’s Father and Consultant at Pearsons & Ward Solicitors has been at the forefront of the campaign which…
19 July 2019 Litigation

Uncertainty and risk go hand in hand in the farming industry. As well as the unremitting inconsistency of the British weather, disease, changing eating habits, tax demands and outside political factors are constant worries for farmers in the UK. At Pearsons & Ward, our specialist agriculture lawyers are widely experienced in recognising and dealing with the many issues and risks involved in the farming sector and strive on a day-to-day basis to minimise the variety of stresses which arise for their many farming clients. Here, Hazel Anyon, agricultural law specialist at Pearsons & Ward Solicitors in Malton outlines four current concerns for farming businesses and offers practical advice on tackling them. Uncertainty of Brexit The UK’s exit from the European Union is currently pencilled in for 31 October 2019, but with the current political turmoil circling…
16 July 2019 Family Matters

Deciding how best to protect a farming business before a divorce or separation occurs in the family, requires careful consideration, planning and specialist advice. The most prudent advice would be to ensure as far as possible that a number of measures are taken before any dispute leading to divorce or separation arises.
06 June 2019 Family Matters

In a recent case before the Upper Tribunal (Lands Chamber) the Tribunal were asked to consider the status of a divorced spouse's occupation of a farm dwelling. Mrs Anne Hawkins’ married Trevor Hawkins in 1975. Trevor was an agricultural labourer and lived at 2 New Cottages in the village of Old Shifford in Oxfordshire; the house was provided by his employer. Mr and Mrs Hawkins lived there together for many years but in 1990 the couple separated and Mr Hawkins left the property; they divorced in 1991. In about 1992 or 1993 the then owners of 2 New Cottages, asked Mrs Hawkins to move to another of their houses out of the village as they required 2 New Cottages for another farm worker. She agreed to move but in 1995 the owners found another property in…
17 May 2019 Litigation

Not surprisingly, there are various legal issues that need to be considered by landowners before embarking upon your diversification scheme. Johanne Spittle FALA and head of litigation at Ware & Kay solicitors explains that top of your list should be checking whether there are any restrictions that might limit possible use of your land and access to it.  Access It is common for farms and agricultural land to be accessed along private roads or tracks. If use of this road is required for the diversification project, for example to access the proposed farm shop or your commercial development, it will be necessary to establish ownership of the road or rights granted over it at the outset. If access is required over a road or track that is owned by a neighbouring landowner and over which you…
15 May 2019 Residential property

More than 85 per cent of land in England and Wales is now registered with HM Land Registry; however large swathes of rural farmland remain unregistered. Land is often farmed by the same family for years and therefore no ‘trigger event’ arises which would require first registration. Philip Taylor, Head of Residential Conveyancing and agricultural law specialist at Pearsons & Ward Solicitors in Malton explains when it is compulsory to register unregistered land and outlines the benefits and the pitfalls for those who do not. When you should register All land or property must be registered with HM Land Registry if you have: purchased it; been given land or property as a gift; inherited any land or property; leased it for more than seven years; received it in exchange for other property or land…
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