The perils of public rights of way

The Ramblers' Association’s “Don't Lose Your Way” campaign last year uncovered almost 50,000 miles of historic rights of way missing from the definitive maps in England and Wales. New rights of way – such as a bridleway or footpath – can only be added by a Definitive Map Modification Order. However, anyone can apply for such an order for free, so farmers should take active steps to ensure a public right is not created which might interfere with the use of their land. Jacqueline Barr, Head of Agriculture at Ware & Kay in York & Wetherby explains how public rights of way can be created, and she outlines what steps farmers can take to protect themselves. Definitive Map Modification Orders are granted by the surveying authority for the area (the county council or unitary authority) on…

Can I change the locks on my house after separation?

If you and your partner have separated, you will be keen to start your life afresh and may wondering whether you can change the locks on your house. This may be particularly appealing if the relationship breakdown has been acrimonious and you have concerns that your former partner will turn up unannounced, remove belongings while you are out, or cause a nuisance. You may even have concerns for your safety. ‘While it can be unsettling, it is important that you do not change the locks without seeking legal advice’ explains Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby ‘as the legal position varies depending on your circumstances’.  For married couples If you are married, then the starting point is that your spouse has a legal right to enter their matrimonial home…

New Associate Legal Executive joins Ware & Kay Residential Property Team

Leading law firm Ware & Kay Solicitors is delighted to announce the appointment of Associate Legal Executive, Rachael Fell to its growing Residential Property Team in Wetherby. (Michael Peach, (Director of Wetherby Office) Rachael Fell (Associate Legal Executive), Lucy Gilman (Deputy Head of Wetherby Office and Deputy Head of Residential Property, Wetherby) Rachael specialises in all aspects of residential property and will assist clients who wish to buy and sell both Freehold and Leasehold property for registered and unregistered land. Rachael has a particular interest in Leasehold Transactions. In addition, Rachael can advise on the Government’s Help to Buy ISA Scheme and that of the Ministry of Defence assisted purchases. She has extensive knowledge of buying and selling at auction, purchasing buy-to-lets, landlord and tenant work, transfers of equity, mortgage transactions, Declaration of Trusts and property…

Making financial provision for disabled children

The risks with informal arrangements Families sometimes rely on informal arrangements as a way of making provision for their disabled children after their death.  For example, a parent may have made a simple Will specifying that another family member is to be the beneficiary instead of the child themselves, on the assumption that the third party will use the inheritance to benefit the child.  Unless a formal arrangement such as a Will Trust is created, there are many reasons why you may want to reconsider relying on an informal arrangement: Inheritance Tax. Depending on the size of the beneficiary’s own estate, there may be adverse tax consequences for them both in terms of receiving funds from your estate and subsequently making regular gifts to benefit your child. When the third party beneficiary dies, any inherited…

Redundancy advice for employees

How do I know my job is really redundant? A redundancy situation occurs where: A business closes or relocates, or an employer decides to shut down its business. A particular workplace closes or relocates, or an employer decides to close a particular workplace, such as one of its offices or factories. An employer needs fewer employees to carry out a particular type of work. If at least one of the above does not apply then there may not be a genuine redundancy situation and you may have a claim for unfair dismissal. Have I been unfairly dismissed? To ensure that a dismissal for redundancy is fair, your employer must establish that: It is the real reason for your dismissal; and Your employer acted reasonably, in all the circumstances of the case, in treating…

Implacably hostile over child arrangements – could this be you?

If you cannot reach an agreement with your former partner about arrangements for your children, one of you may apply to the family court for an independent decision.  The courts have a wide range of powers in deciding where a child should live and how often they should see each of their parents.  In most cases, a court will want to preserve a relationship between a child and both of their parents, even if it recognises that one parent’s behaviour is far from ideal.  ‘Understandably this can sometimes be difficult to accept, especially if your relationship with your partner has disintegrated and you have serious concerns about your child’s safety,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘However, if you fail to follow the orders of the court or…

What is a Settlement Agreement? Advice for Employees

A Settlement Agreement is a legally binding contract between you and your employer to terminate your employment on agreed terms for a clean break with no opportunity for you to take them to court or a tribunal for more money. They are used for different reasons, the most common is if you are being made redundant. An enhanced sum may be offered in exchange for the employer not undertaking a fair process. Compensation for loss of office The Settlement Agreement will detail the payments due to you. Up to £30,000 compensation can be paid tax free if it is genuine compensation for losing your job. Notice payment If you don’t work your notice you can be paid in lieu subject to tax and National Insurance deducted. Bonus/commission These payments should be included in the agreement. As your…

Carers’ rights at work

According to Care UK, three million people in the UK are juggling work with unpaid caring for disabled, seriously ill, or older loved ones. NHS England reports that carers are twice as likely to have poor health than those without caring responsibilities. ‘Working carers do have some legal rights. With the number of unpaid carers predicted to increase, employers may wish to go above and beyond these legal rights to support these employees and their wellbeing and to help retain them in the workforce,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. Gillian runs through the legal rights, likely changes to the law and steps employers can take to support carers. Flexible working requests Employees have the right, once every 12 months, to request flexible working arrangements like part-time hours or…

Don’t fall out over the fixtures and fittings

A home buyer on an internet forum asked, ‘What is the pettiest thing your seller has removed?’ Most replies are light-hearted: a loo roll holder, the curtain rails, a basketball hoop from above the garage door. Some tell a different story of buyers moving in and discovering missing kitchen units or damage from ripped out features. Others tell of an attic stuffed full of junk. Fixtures and fittings can quickly become a source of irritation for buyers and sellers alike. In some cases, their removal may even result in a costly dispute. I Here we examine the thorny topic of fixtures and fittings and how your conveyancer will stop them spoiling your next home move. What are fixtures and fittings? Generally, fixtures are physically attached to the property and form part of it. In contrast, fittings…

Letting a property to farm workers

When farmers rent out a spare cottage on their land to one of their farm workers it may seem like a win-win all round: the farmer gets to fill their empty property and have a worker on site, and the farm worker gets somewhere convenient to live. However, as Andrew Little, Commercial Property Solicitor and agricultural law specialist at Pearsons & Ward (Malton office of Ware & Kay Solicitors) explains, farmers should ensure they do not inadvertently grant an assured agricultural occupancy instead of an assured shorthold tenancy in such situations as this would give their tenant more rights than they perhaps intended. Unless farmers take specific steps to ensure the tenancy granted to an agricultural worker is an assured shorthold tenancy, an assured agricultural occupancy regulated by the Housing Act 1988 will automatically arise where…