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Wetherby 01937 583210
Malton 01653 692247
Legal updates

09 December 2020 Residential property

As many buyers look to take advantage of the temporary stamp duty holiday, now could be the right time to sell your home. To ensure any sale progresses smoothly, it is important to make sure the title to your property is in order. Last month, we outlined five potential problems with the title to your property. In the second of this two-part series we look at five more possible title problems, which could disrupt your plans and offers some solutions. Your property is leasehold Unlike a freehold, a lease is a wasting asset. If you have a term with 80 years or fewer left, then you may find it harder to sell because buyers sometimes struggle to find a suitable lender as many require a minimum term. The good news is you may have a legal…

09 December 2020 COVID-19

On the 2nd December the Government announced a series of measures across England in line with a new “three-tier” lockdown system, in an attempt to control the coronavirus infection rates. So, what does this mean for whether you can see your grandparents at Christmas and childcare help from grandparents for their grandchildren? The government do still caution against mixing with older family members. As Boris Johnson said in his press conference: 'Tis the season to be jolly, but it's also the season to be jolly careful, especially with elderly relatives.' The Rule of Six will apply again and childcare bubbles continue. For Christmas day, three households will be able to mix inside between December 23 and 27. What is a childcare bubble? A childcare bubble is where someone in one household provides informal (unpaid and unregistered…
08 December 2020 Litigation

A farm is an eternal hive of activity. There is always something going on, work to be done, developments to be made, and improvements to be completed. With such activities, some noise and disruption is inevitable. However, if your actions impact your neighbours to such an extent that it amounts to a nuisance, this could lead to untold legal headaches. Nuisance is unreasonable interference with another person’s use or enjoyment of land. Nuisance can be public, statutory, or private.  Public nuisance Public nuisance can be a criminal offence and arises where a group of people are affected by your actions, for example if you obstruct the highway or pollute water supplies. Statutory nuisance Statutory nuisances are defined by the Environmental Protection Act 1990 as something which is ‘prejudicial to health or a nuisance’. This can include excessive noise…
03 December 2020 Family Matters

If you are contemplating divorce, then you may need to consider whether it would be beneficial to commence proceedings prior to Brexit.  This is particularly important if either you or your spouse are nationals of another EU country, if you last resided in another EU country while married, or if there are marital assets such as property in another EU country. ‘Unhappy couples often try to get through Christmas and put off calling a divorce lawyer until the New Year.’ However, our family law team with Ware & Kay in York & Wetherby says ‘If there is any international aspect to your relationship, it is a good idea to speak to a solicitor as soon as possible to discuss your particular circumstances and the options available to you prior to Brexit.’ Advantage of being the first…
03 December 2020 Wills and estates

We have seen that attempts to contest a Will are on the rise.  In the past, such claims were largely limited to high-value estates but we are now seeing an increase in claims against estates of all sizes. When claims are made, the costs can run into tens of thousands of pounds and they can take many years to settle.  The added stress of dealing with a claim along with the delay in bringing matters to a conclusion can be distressing for your loved ones. Our highly skilled and experienced lawyers can provide you with all the necessary advice and guidance when you make a Will with us.  As part of our Will service, we are happy to prepare comprehensive Statements of Reason as a means of providing the best possible opportunity for claims to be…
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