Climate change, what to consider when selling a property

Climate change is likely to affect most if not all our homes, and homebuyers are much more conscious of environmental issues nowadays, which is something to be aware of if you are selling. ‘If your home is already affected, other properties in your neighbourhood probably will be too. Often, you can improve your chances of a successful sale by showing you have considered any issues and taken steps to address them,’ says Lucy Gilman, Associate Director with Ware & Kay incorporating Pearsons & Ward. Adverse incidents, like flooding, often seem like a twofold blow; once when you experience the stressful event itself, and again when you must disclose it on sale. That is why it is so important to discuss any concerns with a solicitor you trust, someone who can advise you of the legal…

Departing employees and non-compete clauses; an employer’s guide

An employee builds up valuable knowledge and contacts during the time that they work for you, but your commercial interests may be vulnerable if they leave and go on to work for a competitor. It is therefore prudent to take steps to protect confidential information, such as pricing strategies, bids, or cutting-edge research, and to guard relationships with clients or suppliers that could be exploited to another business’s advantage. ‘At the start of employment, employers often include restrictions, known as restrictive covenants, on what an employee can do with information and contacts gained during their employment,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. ‘However, even if a former employee could damage your business, there are limits on the restrictions that can be placed on them and how far you…

Attention Business Owners and Employees! Expert legal Advice with the New Allocation of Tips Law

Starting October 1st 2024, the new Allocation of Tips Law will come into effect, revolutionising the way tips are distributed in the workplace. This law ensures a fairer, more transparent system for all employees, guaranteeing that tips are shared equitably amongst all staff members. This is a significant step towards promoting fairness and morale within your team. Where to seek advice: Ensure your business is ready for this change! You will need a tips policy and an adequate record keeping method stretching back 3 years. For a complementary template tips policy, book a consultation with me, today. Kalpesh Nakeshree, Head of Employment. I am here to guide you through the process and ensure smooth adherence to the new regulations. Key Highlights of the Law: Transparency- Employers are required to clearly document and communicate the…

Come and see us at The Ryedale Show - Tuesday 30th July, 2024 - Stand C6

Ware & Kay incorporating Pearsons & Ward Solicitors is delighted to announce that once again they will be at The Ryedale Show this year!  The Show will take place on Tuesday 30th July, 2024 at Welburn Park, Kirkbymoorside, North Yorkshire YO62 7HQ.   Our Agricultural Team will be out in force as one of the Show’s sponsors for the cattle and sheep classes, and we invite you to come and see us Stand C6. The Agricultural Show is renowned for its impressive number of Trade Stands that attend in ever growing numbers each year.   This hugely popular event brings together the farming community, enthusiasts and families from across the region for a memorable celebration of rural life. A lot of work has been going on behind the scenes to put together another fantastic Show for 2024…

Ware & Kay incorporating Pearsons & Ward Solicitors announces new Head and Deputy Heads of Office Promotions.

Leading law firm Ware & Kay incorporating Pearsons & Ward, with offices in York, Wetherby and Malton, is pleased to announce three new Head and Deputy Heads of Office promotions for its York and Malton offices. The promotions take effect immediately, with each individual combining their new responsibilities with their existing client-facing role within their areas of expertise. Louise Davis has been promoted to Senior Associate and Head of Residential Property in Malton. A seasoned property law expert, Louise has been part of the residential property team in the York office for over 11 years since she qualified. She brings substantial expertise in all areas of residential property matters, including high-value property sales and purchases, managing buy-to-let investments, overseeing mortgages and remortgages, executing transfers of equity, and assisting clients with new build property purchases. Louise…

Ware & Kay incorporating Pearsons & Ward Solicitors promotes Louise Davis as Senior Associate and Head of Residential Property in Malton

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors, with offices in York, Wetherby & Malton, is pleased to announce the promotion of Louise Davis as its new Senior Associate and Head of Residential Property in Malton. Louise is a seasoned property law expert, having been part of the residential property team in the York office for over 11 years since she qualified. She brings substantial expertise in all areas of residential property matters, including sales and purchases for high-value properties, managing buy-to-let investments, overseeing mortgages and remortgages, executing transfers of equity and assisting clients in the purchase of new build properties. Louise expressed her enthusiasm for the new role, stating: “I am very excited to be joining the firm’s residential property team in Malton. My aim is develop the firm’s residential property…

Squatter’s rights: can you stop a squatter obtain ownership of your land?

If someone is occupying land that is registered to you, can they acquire rights over it and successfully apply to be registered as the owner? We are often asked this question by property owners where the boundaries between two properties on the ground do not match what is shown on the plans; sometimes this only becomes apparent where one of the property owners is looking to sell or develop and they then discover that there is an area of disputed land owned by one party but occupied by the neighbour (the squatter). There are two possible scenarios for registered land: the first is where ‘the squatter’ has been in uninterrupted ‘adverse possession’ of the disputed land for at least 12 years before 13 October 2003. This squatter can apply to be registered as proprietor and…

Who will run the farm if you lose mental capacity?

 More and more farmers are making Wills to ensure their farming business can be passed on to the next generation following their death with as little disruption as possible. However, given research shows that agriculture is the UK’s most dangerous industry to work in, that the average age of UK farmers is nearing 60, and that farmers have higher levels of mental health issues than non-farmers, shrewd farmers should also draw up contingency plans in case they lose mental capacity, as Laura Carter, Solicitor and agricultural specialist at Ware & Kay & Pearsons & Ward Solicitors in Malton explains. You may lose mental capacity and become unable to make decisions for yourself due to an accident involving one of the many hazards that farmers come into daily contact with, through stress, or because of a…

When shareholders and directors fall out: How do you resolve a shareholder dispute?

Disputes between shareholders and company directors are not uncommon. Parties can fall out because they are worried about the future of the business and how the company is being run particularly if there is a concern that decisions are being made that are not in the company’s best interests. The most common issues that cause dispute include: where it is felt that company directors are not acting in the best interests of the company, are exceeding their powers, have a conflict of interest or where shareholders do not agree with decisions being taken by the company’s directors or feel they are being unfairly treated or kept in the dark about decisions and having their rights ignored. If the concerns cannot be resolved amicably by the parties then they should seek legal advice at an early…

Buying a house with a swimming pool

Many of us dream about having our own pool, especially as summer approaches. What better way to beat a heatwave? And, on a more practical note, swimming is great exercise, suitable for all ages and fitness levels. So, if you are searching for your next home, a house with a pool may be high on your wish list. ‘With rising temperatures and longer summers, it is easy to see the appeal of a house with a swimming pool,’ agrees Holly Stevens, Director in the residential property team with Ware & Kay incorporating Pearsons & Ward. ‘However, this amenity can raise issues, both practical and legal. So, it is important to do your homework first.’ Here she offers some advice before taking the plunge. Ask yourself how often you will use the pool In the heat…