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Wetherby 01937 583210
Malton 01653 692247
Legal updates

17 July 2024 Litigation

Farms are often handed down through many generations, often without any legal documentation, with title to the farm land and buildings invariably being unregistered and frequently being difficult to fathom. On a day-to-day basis, this might not present a problem but certain life events, such as death, divorce, retirement, bankruptcy or farm sale, or indeed where a legal dispute arises, may make it necessary to establish who owns what and on what basis, as Johanne Spittle, Director, Litigation & Dispute Resolution and agricultural specialist at Ware & Kay and Pearsons & Ward in Malton, York & Wetherby explains.  Farms can be owned in many ways, such as by a partnership, limited company or trust. It is advisable to have a written agreement in place for all these models, setting out how assets are owned, the process…

08 July 2024 Residential 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…
08 July 2024 Employment advice

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…
05 July 2024 Employment advice

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…
27 June 2024 Litigation

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…
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