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…

Can I get a divorce in England or Wales?

You may have read in the news of many wealthy international divorces occurring in England, such as the divorce of the Dubai ruler, Sheikh Mohammed bin Rashid Al Maktoum, believed to be one of the largest in the history of UK divorces. The popularity of England and Wales for international divorce is due to the many benefits it can afford in comparison to other countries. Judges tend to have much greater discretion in England or Wales, and our starting point of equality is not always matched in other jurisdictions. If you did not marry in England or Wales, or if you or your spouse do not currently live in England or Wales, you may be wondering if you would be able to obtain a divorce here. To be allowed to divorce in England or Wales, you…

Guide to direct access arrangements for children

Being separated from your child can be heart-wrenching, and yet some parents have to overcome some significant hurdles to be able to spend time with their children in a way that many families take for granted. Direct access is the ultimate goal, and in this article we will focus on the different types of direct access, and what steps can be taken to finalise any agreement or seek a way forward if agreement cannot be reached. Direct access means any contact a parent has with a child that is face to face. It can be in many different formats and can include restrictions if necessary to meet the child’s welfare needs. Why have direct access? Before we consider the different types of direct access arrangements, we will take a quick look at the reasons to have…

What can you do if your commercial tenant stops paying their rent?

A landlord has a number of remedies available to it if a tenant stops paying their rent. It is important that as a landlord you choose your remedy wisely because it may not be possible to back track and select a different route once you have embarked on a course of action. Option 1: Forfeiture A well drafted commercial lease will include a right of re-entry, or a right to end the lease, if rent is unpaid for a certain number of days. The right can be exercised by court proceedings or by simply re-entering the property by ‘peaceable re-entry’. Peaceable re-entry is quick and effective and provided that there is no possibility of it being challenged, for example by the landlord having waived its rights, then it is invariably the preferred method of re-entry…

Can I amend our divorce settlement due to a chronic health condition?

During a divorce or dissolution of a civil partnership, there are a number of factors that must be taken into account when dividing financial assets. These factors include any mental or physical disability of either spouse or civil partner and what their current and future financial needs will be. This provides scope to make a fair and just settlement for anyone that maybe suffering a chronic health condition - a long term illness which is likely to significantly impact a person’s function, earning capacity and future financial needs. What happens if you had agreed a settlement and have been subsequently diagnosed with a chronic health condition which affects your earning capacity? When it comes to divorce or dissolution settlements, a chronic health condition can have a significant impact on the financial division of assets. If your…

Building Disputes and How to Resolve Them

Building disputes are a prevalent type of legal conflict, often emerging when individuals hire builders for tasks such as renovations or extensions. Given the numerous aspects involved in construction projects, there's ample opportunity for issues to arise, making these situations ripe for disputes. The absence of a formal Contract A common problem in building disputes is the absence of a formal contract. When the relationship between the client and the builder begins to deteriorate, it is frequently discovered that no written agreement exists. This situation complicates the process of determining what was agreed upon regarding the scope of work and pricing. As a result, the details must be reconstructed from estimates, emails, conversations, and invoices, which can be both time-consuming and costly. Identifying issues and breaches To address the dispute, you must first identify what…

Recovering money from an individual or company debtor  

It is an unfortunate part of business life that at some point you are likely to experience problems with an individual or company that does not pay. You have carried out your work efficiently and with no problems or complaints but when you send out the invoice the customer makes excuses and promises that payment is on its way but then they start to avoid your calls and you suspect that they are experiencing cash flow issues. In that, hopefully unusual, situation it is important that you know what to do so that you can maximise your prospects of recovering the debt. One option is to issue court proceedings. However, the court process can be slow and so before embarking on court proceedings it is worth considering whether serving a statutory demand is a faster and…

Property litigation – who owns the land?

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…

Squatter’s rights: can you stop a squatter obtain ownership of your land?

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…