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News

30 October 2024 Firm updates

  Ware & Kay incorporating Pearsons & Ward Solicitors, a leading Yorkshire law firm with offices in York, Wetherby and Malton, is proud to announce their recent contribution in support of the charity Encephalitis International. The firm provided conveyancing services at a substantially reduced/nominal rate to the charity, demonstrating its commitment to community engagement and supporting worthy causes. The legal assistance from Ware & Kay covered crucial commercial property advice, helping Encephalitis International navigate property-related challenges and focus on its vital work of raising awareness and supporting those affected by encephalitis, a life-threatening inflammation of the brain. Peter Connolly, Commercial Property Solicitor who handled the work assisted by colleague Sarah Murtha, commented: "It was a privilege to offer our services to Encephalitis International. The work they do is incredibly important, and I was more than happy…
25 October 2024 Litigation

A case before the Upper Tribunal earlier this year, Nicholson v Hale [2024], gave us some useful guidance on the requirements for signs that are intended to prevent rights of way being acquired by long user or ‘prescription.’ The case concerned two properties in Derby Terrace in Nottingham. Party A owned 4 Darby Terrance (Number 4) and Party B owned 6 Darby Terrace (Number 6). The front doors of both properties were on a raised walkway with steps at the eastern end with access to the public highway. Number 6 could also be accessed across Number 4’s forecourt and staircase. Party A purchased Number 4 in 2020 and then began work to demolish their staircase and enclose their forecourt to create a walled garden. The owners of Number 6 claimed that they had a prescriptive…
23 October 2024 Litigation

The Renters Rights Bill will abolish Assured Shorthold Tenancies (ASTs) and section 21 no fault evictions. It will also end fixed term assured tenancies so that all tenancies will be ‘periodic’ with tenants able to stay in their home until they decide to end the tenancy by giving 2 months’ notice. Once adopted the new law will mean that landlords will only be able to recover possession of their property by relying on one of the grounds for possession. The Bill introduces new grounds for possession including where the landlord or landlord’s spouse, partner or family member requires the dwelling as their only or principal home or where the landlord wants to sell. There is also a new ground for possession related to students in HMOs (Ground 4A) allowing landlords of full-time student tenant to…
22 October 2024 Firm updates

Expanding Yorkshire law firm Ware & Kay incorporating Pearsons & Ward Solicitors (with offices in Malton, York & Wetherby), is pleased to announce the appointment of Bethany Worthy, a highly accomplished Associate for Wills & Probate, to its team. This strategic hire further strengthens the firm’s expertise in this sector. Bethany brings with her extensive experience in preparing various types of Wills, including Life Trust Wills and Discretionary Trust Wills, and managing complex estates, such as agricultural estates with inheritance tax liability. Her expertise also encompasses advising clients on Powers of Attorney, covering both financial and health and welfare matters, ensuring comprehensive protection in the event of incapacity. Originally from Scarborough, Bethany has previously served high net worth clients across the region. She studied at the Scarborough Sixth Form College and earned a First Class…
15 October 2024 Firm updates

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors, is pleased to announce the appointment of Samantha Sinclair as Head of the Family Department. With offices in York, Wetherby, and Malton, the firm welcomes Samantha, who brings over 12 years of specialised experience in family law to the team. Samantha Sinclair is an expert in all aspects of family law and relationship breakdowns, with a particular focus on complex cases involving children. In her new role, she will oversee a range of services, including divorce, separation, child arrangements, financial provision for children, prenuptial and postnuptial agreements, and cohabitation agreements. Her commitment to providing attentive service during challenging times is central to her approach, ensuring that clients feel supported and respected throughout the process. Originally from York, Samantha is well known in the area…
14 October 2024 Residential property

Picture this; you have had your offer accepted and the conveyancing is progressing smoothly, but before exchange of contracts, your solicitor tells you that the property you are buying is subject to a restrictive covenant. ‘That scenario is more common than you might think,’ admits Louise Davis, Senior Associate and Head of Residential Property in Malton. ‘It is important to be aware of any adverse title issues, and our pre-contract searches and enquiries are designed to reveal these. A restrictive covenant may sound worrying but, in most cases, it should not derail your purchase.’ Here she answers some of the most frequently asked questions about restrictive covenants. What is a restrictive covenant? A restrictive covenant is a restriction on the use of one plot of land for the benefit of another. For example, a farmer…
11 October 2024 Farming & Agriculture

There was good news for farmers earlier this year when permitted development rules were relaxed, making it easier to convert unused agricultural buildings into commercial and residential ventures without all the fuss, time and expense of having to seek planning permission. Diversification is becoming an increasingly popular way for cash poor but land rich farmers to generate much-needed extra cashflow. But what are the legal considerations involved in such schemes? Andrew Little, Associate Director and agricultural specialist at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York, & Wetherby reports. There are many ways farmers can convert their unused buildings into money-spinners, but common ones include: tourism: holiday lets, B&Bs, camping/ glamping; business lets: office lets, storage units, car parking; retail: farm shops, farmers’ markets; food and drink: cider brewing, butchery, ice…
08 October 2024 Residential property

Nearly 10% of land in England and Wales remains unregistered at HM Land Registry, often because the owner purchased it long ago or inherited it. While this may not affect your daily life, it could disadvantage you in the future if you want to sell or re-mortgage. Here are seven key reasons to register your property.   1. Easier Proof of Ownership   Registered property simplifies ownership verification. Prospective buyers can easily obtain proof of ownership from HM Land Registry. In contrast, unregistered property requires providing a chain of title deeds, which is riskier, as deeds may be lost or destroyed. Registration ensures ownership is stored electronically, making access easy.   2. Simpler and Quicker Title Investigation   Registered properties have their ownership details clearly outlined by HM Land Registry, making it easy to confirm property…
27 September 2024 Wills and estates

Emma Elwess, Director, Wills & Probate at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton is encouraging people to plan ahead to help reduce their inheritance tax bill. Latest figures from HMRC show that inheritance tax (IHT) receipts were £7.5 billion in the 2023/2024 tax year, up from £7.09 billion in the previous year. By taking advantage of available tax reliefs and planning carefully, individuals and families can make sure their loved ones pay the smallest tax bill possible and get the most out of what they inherit. The Association of Lifetime Lawyers represents a community of the most qualified legal professionals in the UK supporting vulnerable and older people with expert advice and support.   Emma, a member of The Association of Lifetime Lawyers says there are precautionary steps to take if you…
20 September 2024 Firm updates

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors is pleased to announce the appointment of Laura Kingsberry as Conveyancing Executive to its expanding Residential Property Team in Wetherby.  Laura brings a wealth of experience in residential property law, having dedicated over 8 years to the field. Her expertise encompasses all facets of residential property transactions, assisting clients in the purchase and sale of both freehold and leasehold properties for registered and unregistered land. Laura is well versed in buying and selling at auction, managing buy-to-let investments, executing transfers of equity, overseeing mortgage transactions, and ensuring proper property registrations. Originally from Pontefract, Laura began her career at a law firm in Castleford and has completed the Chartered Institute of Legal Executives (CiLex) level 3 course. She is currently undertaking the Council for Licensed Conveyancers…
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