Don’t stumble over easements, rights of way or sporting rights when buying farmland

There are many reasons why you might want to buy agricultural property: to farm, of course, but also perhaps to develop, or to use for hunting or fishing purposes. Woodland, equestrian properties and fishing lakes may be a good investment for a self-invested personal pension (SIPP), or perhaps you simply wish to have a peaceful rural setting for your retirement.  Whatever your reasons, before you buy you need to ensure the property can actually be used for your intended purposes as there are many legal stumbling blocks that can arise when purchasing farmland, we highlight some of the issues relating to rights of way, easements, and sporting rights. Rights of way Many areas of farmland are in remote locations, some distance from a public road, and you will need to ensure you have a right of access…

Employment Law Retainer Scheme

 

What is probate?

It's difficult enough to deal with a loved one's death. Additionally, organising their funds can be a difficult and drawn-out procedure. The executors designated in the will to carry out the deceased's wishes need legal custody over their assets, which is referred to as probate. In order to acquire access to the bank accounts of a deceased person and organise their property and goods. According to official statistics, approximately 250,000 petitions for probate are filed each year in England and Wales. What is probate? Executors are given access to a decedent's assets and the authority to distribute them through the legal process of probate, also known as estate management. The phrase "estate" refers to all their assets, including real estate, cash, and personal belongings. The personal representative is the individual who has been granted probate. Do…

Promises Promises Promises – Proprietary estoppel and the case of the Hughes family

In the recent case of Hughes v Pritchard and others the court dismissed a claim brought by the estate of one of the Deceased’s sons despite pre-existing findings that the deceased had promised that son the entirety of his farmland and that the son had relied on the promise. The Deceased Evan Richard Hughes died on 7 March 2017 aged 84 years. He was a cattle farmer with 137 acres of farmland and other property including a family building business. He had three children Gareth, Carys and Elfed; Elfed had tragically taken his own life in 2015. The Deceased had made three Wills in 1990, 2005 and 2016. By the 2005 Will he left his shares in the family business to Gareth and Carys and all his farmland to Elfed; the original trial judge found…