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Wetherby - 01937 583210
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Wetherby 01937 583210
Malton 01653 692247
Legal updates


Sporting rights can be extremely valuable to landowners with some, such as rights on a grouse moor, being potentially of more value than the land itself.  Granting sporting rights to others also provides an attractive means of diversification and a source of additional revenue to improve profit margins. However, as Jacqueline Barr, an agricultural law specialist at Ware & Kay Solicitors in York & Wetherby explains, ‘There can be pitfalls, when others have sporting rights over your property as this gives them the legal right to enter your land to hunt, fish or shoot.’ Acquiring land When buying piece of land, many believe that they will own it in its entirety and have the right to do whatever they want on it, and to stop other people doing anything on it too. Under English property law…

06 June 2022 Residential property

Summer is around the corner, and it is not uncommon to want to prolong that holiday feeling and dream of investing in a holiday home which allows you to return to your favourite spot more frequently. Holiday home ownership has boomed recently and in 2021 second homes accounted for more than 24,000 purchases. Many of these were on the coast or other areas of natural beauty, where house prices have also seen rapid growth. ‘If you are planning to buy a holiday home, it is important to consider the issues carefully and not get swept away by enthusiasm or high-pressure sales tactics,’ says Holly Stevens, Director & Head of Residential Property with Ware & Kay in York. ‘Buying any property is a major investment, and holiday home ownership can involve additional considerations with long-term consequences, so…
06 June 2022 Litigation

As a child, I was oblivious to Uncle Len’s misfortune. During a lifetime of loyal service to the landowner, he was promised by the landowner, the land and house where he lived and worked, would be left to him in his employer’s Will. Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust placed in that promise, also took away his motivation to pursue better employment, or buy a house. When his employer died, his Will left Uncle Len nothing. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about it. How different my uncle and aunt’s lives might have been, if I could have passed on my knowledge…
01 June 2022 Wills and estates

Many of us like to include legacies in our Wills whether to family, friends, executors and /or to charities. Legacies can be general (often fixed sums of money) or specific (particular assets you own such as a house, items of jewellery or a share in a business.) On the face of it, including a legacy in a Will seems very straightforward. However, there are numerous issues which should be considered, some of which could result in beneficiaries losing out or even unintended inheritance tax consequences! Some areas to consider are as follows: 1. Fluctuating asset values. In the context of property and investments, values can fluctuate dramatically. The values might be significantly higher or lower at your death as compared to when you made your Will. If the same beneficiary inherits your entire estate, this isn’t…
01 June 2022 Employment advice

The subject of pay is always a hot topic and requires sensitive handling. Employees feel they need more, due to the rising costs of living, or believe they deserve more due to increased responsibilities or experience.  Meanwhile, employers are under pressure to cut costs while seeking to attract the best people with an attractive package.  ‘These conflicting tensions sometimes make it difficult to strike the right balance, so employers need to take care when looking at setting pay levels to ensure that your business is not vulnerable to a claim relating to equal pay or discrimination,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘There are a number of ways in which employers can avoid creating these risks and ensuring staff feel fairly treated when it comes to pay.’ Kalpesh highlights the risks…
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