Covenant not to erect additional buildings did not stop the demolition and replacement of a building

In the case of McDonagh v Reeve [2023], the Court decided that the demolition of a property and its replacement with a substantially bigger building was not a breach of covenant. The parties in the case were Mr and Mrs McDonagh who owned Rose Cottage in Poole. The neighbour of the adjoining property was Karen Reeve.  Ms Reeve’s property had benefit of a restrictive covenant which was binding on Rose Cottage and provided that 'no additional buildings whatsoever' should 'at any time be erected' on the land. Mr and Mrs McDonagh applied to the Court for a declaration that their proposed demolition of the current building on their land and its replacement by a substantially larger building, for which they had received planning consent, would not amount to a breach of that covenant. The court…

Experienced Solicitor joins Ware & Kay’s Residential Property Team

Leading law firm Ware & Kay Solicitors is celebrating a new appointment which reinforces an already strong team as it looks to the future with the arrival of Solicitor Joanne Clark to its Residential Property Team in York. Joanne will assist clients with a wide range of residential property matters including property sales and purchases for both freehold and leasehold property for registered and unregistered land. She also has extensive experience of dealing with right to buy, shared equity leases, help to buy mortgages, new build, re-mortgages, equity release and transfers of equity.  She will also support clients buying and selling at auction, purchasing buy-to-lets and property registrations. Originally from Teesside Joanne arrives at Ware & Kay with over 19 years’ experience in Residential Property Law.  She completed the legal practice course at The College…

Registered and unregistered land, what is the difference?

There are two systems of recording ownership of land in England & Wales; registered & unregistered.  Whether your land is registered or unregistered can have a major impact, & not only when you come to sell. Holly Stevens, Director & Head of Residential Property at Ware & Kay in York, considers the implications.  Registered land, an overview The Land Registry keeps a register of all registered land, which is indexed on a map. This register contains information on approximately 24 million properties.  Within this overall register, the Land Registry allocates properties their own unique number & individual register.  Each individual register includes three sections: ‘proprietor register’ - contains ownership information; ‘property register’ - contains a description of the property, linked to a map; & ‘charges register’- contains details of any mortgages or charges affecting…

Risky business - why farmers should make a lasting power of attorney

Farming is a high-risk business with the agriculture, forestry and fishing sector topping the table for workplace injuries according to the most recent Health and Safety Executive figures. If you are the key person who makes decisions and holds the purse strings on your farm and you get injured or lose mental capacity, your farming business could grind to a halt: workers and suppliers could not be paid, bank accounts may become inaccessible, and loan or mortgage payments could fall into arrears. With this in mind, more and more farmers are making a lasting power of attorney to protect their business interests, to ensure their farm continues to flourish should they become incapacitated, as Laura Carter, Wills & Probate Solicitor and agricultural specialist at Pearsons & Ward Solicitors in Malton (part of Ware & Kay…

Just One More Thing….by Johanne Spittle, Director & Head of Litigation

I have been lucky to have been the President of the Yorkshire Law Society since last summer and this has given me a unique opportunity to meet with lawyers and other professionals and get an understanding of their businesses. It is all too easy to only hear the bad news and overlook all the good things that are happening around us; being able to engage with lawyers and other professionals in the region has opened my eyes to just how much positivity there is and how resourceful and creative we are!  Covid-19 certainly made it clear to even the smallest professional business that the successful businesses were those embracing technology and using it to achieve greater efficiency and a competitive advantage. You can now contact your trusted professional using an app or through a client…

'Like being on display in a zoo': what are the consequences of the Tate Modern court ruling?

The Fearn v Tate Gallery Supreme Court decision in February 2023 received considerable coverage in the press not least because of the high profile nature of the defendant. How much will this case impact on nuisance disputes between neighbours? The claim was brought by the owners of long leasehold flats in a development directly opposite the new extension of the Tate Modern. One of the features of the building was a viewing gallery which enabled visitors to see straight into flats with visitors frequently looking into the flats and taking photographs and, less frequently, using binoculars. The claimants applied to the court for an injunction requiring the Tate to prevent members of the public from observing their flats on the grounds of nuisance. They also claimed a breach of their rights under article 8 of…

Crypto assets and a divorce settlement

  According to a report by Forbes Magazine in September 2022 there are now more than 20,000 crypto currencies worth a collective $982 billion, and NFT artworks (non-fungible tokens) are changing hands for huge sums. One of the ways in which these assets differ from the other assets which are considered for sharing in a divorce settlement, is that they are much easier to hide. What are crypto assets? They are digital assets commonly known as crypto currencies.  ‘Crypto’ means hidden, referring to the secure digital way data is held on who owns the asset, and ‘currencies’ reflects that this is a type of digital money.  Some commonly known crypto assets include Bitcoin, Binance, Ethereum and Tether though there are thousands more, with new ones being added regularly. Crypto assets differ from traditional assets in that…

Selling a property through the modern method of auction

Online auctions, especially the ‘modern method’ of auction, continue to grow in popularity. Last year saw a 40 per cent rise in the value of property sold at auction, much of this online. But what exactly is the modern method of auction, and is it something you should consider? For a seller there are certainly some advantages to the modern method of auction, such as speed and a defined timetable. However, there are also pitfalls for the unwary and so it is important to consider how it would work for you. Our team answers some common questions about the modern method of auction. What is the modern method of auction? Typically, the modern method of auction takes place online over a fixed period. As a seller, you enter into an agreement with the auctioneer who invites…

Getting employees back to the office

According to the Office for National Statistics, before the Covid pandemic only one in eight working adults reported working from home at least once during the previous seven days. This figure peaked at 49 per cent between April and June 2020. It has decreased since then, but not drastically, and the figure for January to February 2023 is 40 per cent. ‘Many employers now want staff to start working in the office either all the time or more frequently,’ says Kalpesh Nakeshree, a Head of Employment Law with Ware & Kay.  ‘Reasons for this include concerns about the impact of remote working on company culture; camaraderie; loyalty; learning opportunities for junior staff; supervision; productivity; innovation and collaboration.’ Kalpesh outlines the contractual and equalities issues that employers need to think about when seeking to make this…

Is my prenuptial agreement binding?

  If you are facing difficulties in your marriage and you have a prenuptial agreement, you may be curious to know just how binding the terms will be, especially if your life is now rather different to the one you envisaged when you planned to get married. It is important that anyone contemplating a divorce or who has concerns about an agreement has a lawyer examine their prenuptial agreement. Will the family court uphold my prenuptial agreement? In England and Wales there is no law specifying that a prenuptial agreement is legally binding.  However, after a landmark decision in 2010 the courts decided that they would give weight to prenuptial agreements under certain circumstances when they are determining the outcome of the financial division of assets between spouses during divorce.  This provides some reassurance that, if…