York - 
21 September 2022
Litigation
Rights may be acquired over your land if you either fail to address unauthorised use by third parties or give permission to others to use your land without seeking professional advice. How can you avoid this occurring? Where land is unregistered, as is often still the case with farmland, in certain circumstances someone occupying land belonging to someone else without their permission (a squatter) can after 12 years ‘squatting’ acquire ‘title’ to the land by their adverse possession. You could avoid this happening on your land by regular inspection of your boundaries and ensuring that you have an up to date plan of your land. If your land is unregistered then registering title at the Land Registry will involve a thorough review of your land and can be a useful precautionary measure. Since 2003…
20 September 2022
Residential property
If you are searching for a new home, you may have come across the term ‘cash buyers only.’ Rather than expecting you to turn up with a trunkful of money, the agent is looking for a speedy sale to someone who does not need to borrow money via a mortgage and is in a position to proceed. Likewise, if you are selling a property, your estate agent may describe someone as a ‘cash buyer’ indicating that they are mortgage free. Most people see being a cash buyer as a positive, but what does this term really mean, and how could a cash-only transaction benefit you? ‘There can be distinct advantages to being a cash buyer, or selling to one,’ agrees Holly Stevens, Director and Head of Residential Property with Ware & Kay in York ‘Unfortunately, there…
09 September 2022
Litigation
In a recent case before the Upper Tribunal (Lands Chamber), Collins and another v Howell and another [2022], the Tribunal was asked by Mr and Mrs Collins to modify a restrictive covenant to permit the construction of a manège on their land at Newpark Stables in accordance with a planning consent that had been obtained. Mr and Mrs Howell own the adjacent Higher Norris Farm which benefits from a restrictive covenant prohibiting use of the Collins’ land for any purpose other than “the grazing of sheep and horses and arable use of all types and the production of grass cutting” and expressly prevented the construction of “any buildings other than stables on the far boundaries only”. Mr and Mrs Collins bought Newpark Stables in 2019 with the benefit of planning permission granted in 2011 for equestrian…
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