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

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…
19 February 2019 News

Powers of attorney are useful if you need someone to make decisions on your behalf.  This may just be temporary (for example, to ensure that bills are paid if you were in hospital) or more long-term (for example, if you have been diagnosed with dementia). What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) gives someone you trust the legal authority to make decisions for you.  There are two types of LPA, ‘Property and Financial Affairs’ and ‘Health and Welfare’, and you can create one or both.  The Property and Financial Affairs LPA allows your chosen attorneys to operate your finances, for example to mange your bank accounts and pay bills.  The attorney can act while they have mental capacity (if you consent) but also if you lose mental capacity.  A LPA…
12 February 2019 News

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 Simon Ellis, commercial property expert with Ware & Kay Solicitors in York & Wetherby 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 Simon . ‘The good news is that as…
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