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Legal updates

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…
11 April 2019 Commercial property

Remarrying when you own or rent a farm can raise a number of issues that need to be addressed, particularly if your longer-term plan is to pass the farm onto your children or someone else within your immediate family.  In this article Juliet Walker, Family Law Solicitor with Pearsons & Ward Solicitors in Malton, North Yorkshire, explains the steps you can take to increase the likelihood of a farm surviving a second marriage. Be clear on your new spouse’s involvement and rights If your new spouse is likely to become involved in the farm business then it is important to make it clear in what capacity.  For example, will they be a paid employee with little or no input into the decision-making process or will they assume a more significant role entitling them to have…
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.
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