Preparing for diversification and avoiding disputes in the future

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…

Disagreements and decisions about your children

If you are separated or divorced, you will probably have an arrangement with your ex-partner dealing with where your children live and how often they see their other parent. However, a specific issue might arise not covered by this agreement and on which you do not see eye to eye, for example if one of you wishes to relocate and the other objects. Discussing the issue with a family solicitor as soon as it arises will help you reach an amicable solution. Robert Bellhouse, family solicitor with Ware & Kay in York & Wetherby explains more. Disagreements relating to children Both parents usually have parental responsibility for their children, which means a child’s mother and father both have a duty to make important decisions about how they are raised, educated and looked after. Even parents who…

New Rules On Debt Recovery May Delay Payment Of Consumer Debts

New rules on the procedure businesses must follow when trying to collect debts from individual customers could mean that you have to wait 90 days or more before you can issue court proceedings.  To limit the damage this may cause to your cash flow it is important to review your credit control procedures now before the new rules come into force on 1 October 2017. Are all business debts affected? Only debts owed to you by individuals are covered by the new rules; however, sole traders are included within the definition of an individual so they are also relevant for some business debts. What do the rules require? The rules - set out in the pre-action protocol for debt claims issued under the Civil Procedure Rules 1998 - require you to engage with individual debtors…

Rights Of Way Problems And Remedies

When buying freehold premises or taking on a lease you will need to ensure that you have sufficient rights of way in order to gain access to and from those premises.  "It should not be assumed that your premises adjoin an adopted highway, giving you statutory rights of access, although a local highways search will confirm the publically adopted roads in your area,"  Many premises will require access over private roads, for example estate roads on industrial estates will very often be privately owned, and so you will need to ensure that legal rights of way benefit the premises you are acquiring. Establishing your rights of access In order to establish your legal rights, you need to investigate the title to the premises. The title will confirm if any rights have been expressly granted.  If…

Love Thy Neighbour

There's an old saying that we don't choose our relatives, and equally it's very rare that we choose our neighbours. Fortunately, most of us are lucky to get on with those living next to us.However, for those who are not so fortunate, the time when it was relatively inexpensive to move, if you didn't get on with your neighbours, has long since gone. Apart from the stresses and strains of running battles with those living next door, disputes can be a problem when you come to sell. If you have a dispute with your neighbour, this has to be disclosed to anyone interested in buying your property. Some potential buyers may not be worried about a dispute you have with your neighbours, but many will not take such a relaxed attitude. The moral in all…

Lending To Friends And Family

There can be all sorts of reasons for lending money to friends or family, from helping loved ones through a tough time, to perhaps putting a deposit down on a property, helping out with home alterations or assisting in the purchase of a car. Understandably we all prefer to take it on trust that we will be repaid and that there won't be any falling out. Things can go wrong, however. We live in tough economic times. The person you lend to might suffer a relationship breakdown or become one of the increasing number who lose their job or are made bankrupt. If you are lending a modest sum of money, which you feel you can afford to lose with good grace, that is one thing. But what about a larger sum of money which…

How To Evict A Commercial Tenant

As a landlord of commercial premises there are many reasons why you may want to take back possession of your premises, the most common being where your tenant is in breach of their lease terms; such as, not paying rent, not keeping the premises in good repair, being a nuisance to neighbours or assigning or subletting the premises without your consent. David Hyams (Head of Commercial Property) & Jacky Burton (Commercial Property Solicitor) at Ware & Kay Solicitors in York & Wetherby advise landlords on their options for claiming back possession of their property. Claiming possession Taking back possession of your premises when occupied by a tenant is called 'forfeiture'. However, you can only forfeit the lease if there is a specific clause in the lease enabling you to do so. It is advisable for…

Claims Against A Deceased`s Estate

Do you think that you have a claim against the estate of someone who has died? If you believe that you should have been included in their Will, or received more from their estate than you did, then you may be entitled to make a dependency claim.  Head of Litigation at Ware & Kay in York, Wetherby & Malton, explains how: "Where the deceased died without a valid Will, the intestacy rules govern the automatic manner in which their married, or civil partner, and other close relatives, inherit their estate. If you are not provided for under the intestacy rules or, under their deceased's Will if they had one , or you consider that the amount you will receive is not sufficient, you might be able to bring a claim against the estate to ensure…

10 Common Debt Recovery Mistakes

This article looks at the ten most common mistakes business owners make when it comes to tackling debtors, and advises on the best course of action. 1. Failing to have a credit policy When a company provides goods or services before receiving payment, it is essentially the same as handing over cash.  For this reason it is vital for cash flow and ultimately the survival of your businesses to be able to predict when you are likely to get paid and the cost of ensuring that this happens.  This begins with having a credit policy. By gathering the same types of information from each customer, it is possible to attribute different risk levels to each and adjust your payment terms accordingly.  Your credit policy provides uniformity of terms for each type of customer you have…

Can Your Business Survive A Partnership Dispute

Being in partnership can be a great way to do business: the pooling of capital, talent, skill and common purpose to drive a business to success. However, as with the best of relationships, things can go wrong. Trust can evaporate as differences in personalities emerge. Ethics, business direction, control issues, underperformance and money woes can dominate partnership meetings, instead of the wellbeing and growth of the business. Firm foundations Before setting up or entering into a partnership, take advice from a specialist solicitor. Their role is to protect your interests and ensure you have a clear picture of your responsibilities, management, expectation and risk. Establishing your legal status can help avoid pitfalls later.  Factors such as capital input, profit share and management powers are all relevant in determining whether you are a true partner or…