York - 01904 716000
Wetherby - 01937 583210
Malton - 01653 692247
Wetherby 01937 583210
Malton 01653 692247
Legal updates

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…
14 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…
17 April 2019 Wills and estates

The family farm usually represents a lifetime’s work of those currently running it and even those before them. Making sure that the farm is trading well and structured properly to take advantage of any agricultural and business inheritance tax reliefs available ready to be passed down to future generations is a key concern for many farmers. However, unless you have left a valid Will, the delicate balance of ensuring that all your loved ones are cared for after you are gone, while still guaranteeing the continued well-being of the farm, could be put in jeopardy. Laura Carter, Wills and Probate Solicitor and agricultural law specialist at Pearsons & Ward Solicitors in Malton explains why it is essential for every farmer to have a Will to ensure their farming business continues to flourish for future generations…
16 April 2019 Commercial property

Empty property is bad news for landlords. It costs money in maintenance and rates, as well as being a possible target for vandals and squatters. To maximise income from property, landlords may wish to seize opportunities for short-term lettings to fill gaps between long-term arrangements. But as Andrew Little, commercial property expert with Pearsons & Ward Solicitors in Malton explains, it is vital to get the paperwork right. ‘If a potential tenant wants to get into your property and start trading and paying rent immediately, you may be tempted to skip the formal paperwork, but this can lead to real problems as business tenants can quickly acquire the right to stay on, which could get in the way of your long-term plans for the property’ explains Andrew. ‘The good news is that your solicitor can very…
02 April 2019 News

Boundaries determine the extent of any land or buildings you own. They are, in simple terms, the line which separates your property from that of your neighbours. They may take the form of a wall, a fence, a hedge, a piece of barbed wire or even some other less noticeable feature, such as the edging of a driveway. So, what happens where you need to cross a boundary line to maintain or repair your property, or even to read your gas and electricity meters? A recent court case considered this issue and highlights the importance of taking legal advice. Philip Taylor, residential property expert with Pearsons & Ward in Malton explains more.
02 April 2019 News

While the right to 28 days’ paid holiday was a welcome addition to workers’ rights, employers have been less enthusiastic about the complicated development of the rules, particularly if staff work irregular hours or their pay packets include commission or bonus payments. With the law being so hard to navigate, it is easy to unwittingly miscalculate holiday pay or to wrongly deny your employees the right to carry forward holiday. This could leave you exposed to an employment tribunal claim for back pay. Gill Wilkinson, employment law expert with Ware & Kay in York & Wetherby, summarises how to work out holiday pay, when workers can carry forward holiday and how to manage rolled-up holiday pay. She also takes a look at how things may change in the future.
20 March 2019 News

Farming is an ever-evolving business, with needs and demands often dictating that the use of the land requires change. You may want to erect new structures, change the way fields are used, or even sell off part of the land to developers. However, such plans can often be dealt a blow by the existence of a restrictive covenant – a contractual obligation which regulates what the landowner can or cannot do with their land. Andrew Little, Commercial Property Solicitor and agricultural property law specialist at Pearsons & Ward in Malton explains what a restrictive covenant is and how you can go about changing or removing them to allow you to use your land as you wish. Restrictive covenants are usually written into a transfer deed between the buyer and seller when a piece of land…
19 March 2019 News

I want to make a Will – do I need to see a solicitor, or can I make it myself? Although it is possible to make your own Will, perhaps using an online form or buying a template from a shop, this doesn’t offer the peace of mind of seeing a solicitor who specialises in advising on Wills - and if you make your own Will then it may not do what you think it does. Here are three reasons to instruct a solicitor to prepare your Will: 1 – To ensure that your wishes are followed The instructions in a Will must be written clearly and carefully - if they are not then this can cause uncertainty - this may mean that your wishes are not followed, and lead to disagreements and expense after…
20 February 2019 News

Agriculture, forestry and fishing is the UK’s most hazardous industry to work in according to Health & Safety Executive figures, with 13,000 workers injured in the sector each year and 17,000 suffering from work-related ill health. Apart from the inherent risks involved, running a farm is hard work, with a particularly heavy burden falling on those at the helm. With so much at stake, it is therefore essential to draw up contingency plans to ensure your business continues to thrive should you be unable to work due to injury or illness. One way of doing this is to have a financial lasting power of attorney which allows you to nominate someone to run your affairs while you are incapacitated. Lynne Smith, Private Client Lawyer and part of the agricultural law team at Pearsons & Ward Solicitors…
Contact us