Martin House Make a Will during the month of May 2022

Leave your legacy to help us continue ours. If, like many other people you have been putting off writing your Will, this is your chance to put that right. Ware & Kay Solicitors has teamed up with Martin House to give you the opportunity to have your basic Will written for free Legacies are vitally important to Martin House. In fact, they make up more than a quarter of our entire voluntary income, meaning the cost of caring for one in four of our children is covered by gifts left in Wills. Over half of UK adults have not made a Will. It's not always easy to think about what might happen when we die. But making a Will is an important step to ensuring the people and things you care about are taken care of after you're gone. Your…

Can rights of way be ended by ‘intensification of use’?

One of the most contentious aspects of rights of way is where there is a substantial increase or ‘intensification’ of use. This invariably happens when there is a change of use by the user of the right of way following redevelopment of land and buildings typically a conversion of a farm house and buildings to residential use or a farm diversification project such as a new camping and caravan site. If the right of way has been created by a legal document it will be an ‘express grant’ and how that right can be exercised will depend on the wording used in the document creating it. So for example if the grant says a roadway can be used ‘for all purposes’ a change of use of the land benefitting from the right of way is lawful…

Ware & Kay Solicitors supports Wetherby Rugby Union Club

Leading law firm Ware & Kay is proud to once again be supporting local rugby club Wetherby RUFC by sponsoring the home match against Wensleydale on Saturday 23rd April, kick-off 3.00pm, in their last home game of the season. Ware & Kay Solicitors believe strongly in contributing to the communities it serves as well as the community a whole.  The firm continues to enjoy a strong working relationship with Wetherby Rugby Club and demonstrates that on-going support by providing match-day sponsorship. Jonathan Hirst, Chairman of Wetherby RUFC said: “It’s great to receive the continued support from Ware & Kay. Without sponsorship like this, grass roots sports could not provide the environment and experience that people get when they come to Grange Park. Wetherby RUFC are currently top of the league with just two games to…

Growing your business

Farming families have traditionally relied on their land and livestock to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many in the primary sector have decided to supplement their income (and in turn their security) by diversifying their business to include farm shops, garden centres and, in some instances, magical lands filled with ice cream and fair ground rides. However, what are the key employment law considerations when such growth happens?  In this article we touch on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in that regard there is a legal requirement to provide a written particulars of employment with very specific content. There is a right to a pay slip…

When your partner owns the property and you pay the bills – what rights do you have to your home if you separate?

If your partner owned their home when you moved in together, then it is not uncommon to agree to pay all or most of the bills as a way of sharing living costs without the hassle of changing the mortgage paperwork or the legal title. When a relationship has broken down and you are contemplating separating, a key concern will be where you will be able to live, especially if you have children and have built a family home together over many years. ‘Your rights will depend upon your marital status and, if you are not married,  whether you have any formal agreement regarding the property’, explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby who outlines the various entitlements, and what steps can be taken to protect your interest. The…

Hedge your bets with a conditional contract when selling farmland for development

As the national housing shortage continues, particularly in rural areas, development land is very much in demand.  You may even have been approached by a developer or promoter who is interested in your land. Property sales are never risk-free, with buyers able to pull out of a deal sometimes for the most incongruous of reasons. Many farmers negotiate a conditional contract to sell their development land which, as Andrew Little, agricultural law specialist at Ware & Kay Solicitors in York & Wetherby explains, provides some certainty for the seller that the land will be bought. A conditional contract is a contract between a landowner and a developer which will only be completed if the condition or conditions stated in the agreement happen. If the conditions are fulfilled, the developer is legally obliged to buy the land…

Spring 2022 - Employment law update for employers

April is usually the month when the Government introduces new employment legislation, and in recent years has announced its commitment to introducing significant new rights, such as neo-natal leave and a duty to prevent sexual harassment in the workplace. ‘While there are very few big changes this April, employment law remains a fast-moving area of law,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors. He explains the key changes employers need to know about this year and looks back at recent developments. Closure of the Statutory Sick Pay (SSP) rebate scheme Employers are no longer able to claim back SSP for coronavirus-related absences or periods of self-isolation after 17 March 2022. The usual SSP rules now apply with employees being entitled to SSP from the fourth qualifying day of absence. Repeal of…

Key considerations when helping your children onto the property ladder

First-time buyers today must find, on average, a deposit equal to a year’s salary. With almost half relying on parental assistance, the ‘Bank of Mum and Dad’ has never been so popular. House price affordability and the phasing out of the Help to Buy scheme make this trend set to continue. It is natural to want to help your children onto the property ladder if finances permit. However, if you are considering making a financial contribution, get the right professional advice first and ensure the agreement is documented to reduce the risk of problems arising later. Plan for the long term If you have built up savings, you may prefer to help your child now rather than pass on those assets through inheritance, but it is important to make sure you will still have enough left…

New Head of Employment law at Ware & Kay

Expanding law firm Ware & Kay Solicitors (with offices in York, Wetherby & Malton) is delighted to announce the appointment of Employment Solicitor, Kalpesh Nakeshree as Head of the Employment Department. In taking up his new role, Kalpesh will provide leadership and support to the Employment Team. Kalpesh specialises in all aspects of employment law and will provide bespoke employment law advice to both employers and employees.  This will include dealing with restructuring, redundancies, grievances and settlement agreements.  He will also advise on change management, flexible working, Transfer of Undertaking Protection of Employment (TUPE) and tribunal claims.   He regularly represents clients taking initial instructions to the point of the tribunal hearing and provides a range of employment law and HR training programmes for managers and HR professionals. Originally from Harrogate, Kalpesh arrives at Ware…

Fanfare for common land – what rights can be exercised over it?

Large swathes of beautiful North Yorkshire are made up of ‘common land’, a concept dating back to 1215 which allowed ‘commoners’ the right to take or use something produced naturally on land belonging to someone else. Andrew Little, Commercial Property Law and Agricultural specialist at Pearsons & Ward in Malton (part of Ware & Kay) explains the rights and obligations associated with common land. These ancient rights still exist today, with common land currently accounting for around three percent of England. A right of common can be: pasturage – the right to put livestock out to feed on the land; pannage – the right to put pigs out to feed in wooded areas of the land; estover – the right to take specific timber products from the land, such as firewood; turbary – the right…