Can a fraudster really steal a house?

A solid building, made of bricks and mortar, seems an unlikely target for thieves. For most of us our homes evoke a powerful sense of security; ‘safe as houses’ as the old saying goes. But the facts tell a different story, as there has been an exponential growth in property fraud which now accounts for 70 per cent of all frauds. Media reports of a Luton vicar discovering his locks changed and a stranger in his home, is an extreme example.  However, there is no room for complacency and there is a lot that you and your solicitor can do to prevent you becoming a victim of property fraud. What happened in Luton Reverend Mike Hall made the headlines when a fraudster targeted his modest terraced house in Luton. Working away from home, he was surprised…

The problem with work Christmas parties

Christmas parties are a great chance for employees to have fun together and for employers to treat their staff as a ‘thankyou’ for their hard work during the year. An unintended consequence can be that employees take this as a chance to behave badly or share uncomplimentary opinions about colleagues and managers that they have kept under wraps during the rest of the year. An employment tribunal is likely to see the Christmas party as falling within the ambit of employment, bringing the risk of the employer being liable for discrimination and other claims. This can also land you with grievances and damaged relationships. ‘No team is harmonious all the time, but sometimes working relationships can deteriorate to such an extent that employers may need to take drastic steps to resolve the situation. A breakdown in…

Discharge of restrictive covenants for childminding business

In a recent decision by the Upper Tribunal (Lands Chamber) Johnson, Re [2022]), it was ordered that two restrictive covenants that burdened a detached two-storey house be modified under section 84(1) of the Law of Property Act 1925, to allow it to be used as an Ofsted registered childminding business. The title to Mr and Mrs Johnson’s house at 44 Knights Hill, Aldridge, Walsall was burdened by two restrictive covenants: one prevented use of the house for most trades and businesses and the other required it to be used as a private dwellinghouse only. The Johnsons applied to the Upper Tribunal requesting modification of both restrictions to allow it to be used for a childminding business. Despite service of publicity notices, it had not proved possible to identify the beneficiary of the covenants. The local planning…

Ware & Kay Christmas and New Year opening times

We would like to send you our best wishes for the festive season and a safe and healthy 2023. We look forward to working with you and continuing to deliver the best possible service. Christmas and New Year opening times Our offices will be closed from 4.00pm on Friday 23rd December and will reopen at 9.00am on Tuesday 3rd January, 2023. If you would like to contact us outside of these hours please use our “contact us” form and someone will get back to you on the next business working day. Best wishes The team at Ware & Kay

Farmers – are you on top of your EPC obligations?

It is common for farmers to supplement their incomes by renting out buildings on their land. All well and good, but in April 2020 new rules were introduced making it illegal, subject to some exemptions, to let a private rented property with an energy performance certificate (EPC) rating of less than E. So, what are the implications of this for farmers and are there any exemptions that they can take advantage of? Andrew Little, agricultural law specialist at Ware & Kay in York & Wetherby, reports. The Minimum Energy Efficiency Standards (MEES), under which an EPC is assessed, require anyone with a private rented property with a rating of F or G to undertake improvements to bring it up to an E rating before they can rent it out. The rules only usually apply to buildings…

Understanding your rights: the thorny issue of rights of way

Disputes over rights of way typically flare up where there is a change in how the right is being used, typically a consequence of development of land or intensification of existing use. At the risk of over simplifying an area of law that is far from straightforward, rights of way can be granted by deed to a property or they may be created by long use for 20 years. Rights that are granted may be limited by words e.g. a right for agricultural use only. Rights acquired by use will be limited by the extent and nature of use over the years e.g. a right of way that  has always been used to access your neighbour’s land on foot can only ever be a footpath.   Diversification and changing use of farms and farmland is a…

Local land charges, your questions answered

It takes between eight and twelve weeks on average to complete the purchase of a new home. Many factors determine how long the conveyancing process will take. However, solicitors frequently cite the local land charges search as a cause of delay. But what are local land charges, and why do they matter? ‘The local land charges search is an important part of the checks we carry out for home buyers,’ explains Holly Stevens, Director & Head of Residential Property with Ware & Kay, York. ‘It reveals whether your new home is affected by certain restrictions or charges, which could impact on its value or future use.’ Here she takes a closer look and answers some of your questions, including how to speed things up. What are local land charges? Legislation sets out the various categories of…

Granny’s Bank Account has had large withdrawals! What do I do?

Was the recipient Granny’s attorney, or gardener? Attorneys receiving gifts from individuals who appointed them their attorney, need to be very careful. Did the individual donor receive competent, independent legal advice, before making the gift to the attorney? Mistakes are sometimes made which might give opportunities for recovery of funds from the attorney. Antagonism can result when a social worker, an executor, or beneficiary, discovers the gift when viewing the individual’s bank statements. Often there are suspicions the individual did not consent to the gift to the Attorney and reporting the matter to the Office for the Public Guardian may not necessarily result in assistance.  A common reaction is to contact the Police, who might not always assist, depending on the facts. If a close relative, say son or daughter, was the recipient of the gift…

Shepherding a farm business through a second marriage

When someone finds love again and wants to remarry it is of course a cause for celebration. However, things can get complicated when a farming business is involved – particularly if you want to leave the farm to your children or other family members. So it is important to take time to think about the consequences before rushing into things. Robert Bellhouse, agricultural law specialist at Ware & Kay Solicitors in York & Wetherby outlines measures farmers should take a moment to consider to ensure the continuing success of the family farm if they marry again. Make a new Will Remarriage revokes any previous Will making it invalid, so it is imperative to make a new Will if you are looking to tie the knot again – especially if you are looking to pass the farm…

Selling a property to downsize

Downsizing is, at its most simple, moving to a smaller property. People often associate downsizing with retirement, although it can appeal equally to active empty-nesters attracted looking to release some of their equity. Whatever your age, there are advantages and disadvantages to downsizing. It is a big decision, with lots to consider. So, it is important to plan well ahead and get the right professional advice from the start. The pros and cons of downsizing If you are uncertain whether downsizing is for you, it can help to make a list of advantages and disadvantages, which you could then discuss with friends and family. For example: Downsizing could help you stay independent longer, and many older people choose to buy a bungalow or an apartment with this in mind. It could provide surplus sale proceeds…