How to prevent a right of way being acquired

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…

The Renters Rights Bill: what does it mean for Landlords?

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…

Restrictive covenants, what property buyers need to know

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…

Farm Building Facelifts – Navigating the legal path to building conversion

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…