Ware & Kay incorporating Pearsons & Ward Solicitors promotes Louise Davis as Senior Associate and Head of Residential Property in Malton

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors, with offices in York, Wetherby & Malton, is pleased to announce the promotion of Louise Davis as its new Senior Associate and Head of Residential Property in Malton. Louise is a seasoned property law expert, having been part of the residential property team in the York office for over 11 years since she qualified. She brings substantial expertise in all areas of residential property matters, including sales and purchases for high-value properties, managing buy-to-let investments, overseeing mortgages and remortgages, executing transfers of equity and assisting clients in the purchase of new build properties. Louise expressed her enthusiasm for the new role, stating: “I am very excited to be joining the firm’s residential property team in Malton. My aim is develop the firm’s residential property…

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…

Who will run the farm if you lose mental capacity?

 More and more farmers are making Wills to ensure their farming business can be passed on to the next generation following their death with as little disruption as possible. However, given research shows that agriculture is the UK’s most dangerous industry to work in, that the average age of UK farmers is nearing 60, and that farmers have higher levels of mental health issues than non-farmers, shrewd farmers should also draw up contingency plans in case they lose mental capacity, as Laura Carter, Solicitor and agricultural specialist at Ware & Kay & Pearsons & Ward Solicitors in Malton explains. You may lose mental capacity and become unable to make decisions for yourself due to an accident involving one of the many hazards that farmers come into daily contact with, through stress, or because of a…

When shareholders and directors fall out: How do you resolve a shareholder dispute?

Disputes between shareholders and company directors are not uncommon. Parties can fall out because they are worried about the future of the business and how the company is being run particularly if there is a concern that decisions are being made that are not in the company’s best interests. The most common issues that cause dispute include: where it is felt that company directors are not acting in the best interests of the company, are exceeding their powers, have a conflict of interest or where shareholders do not agree with decisions being taken by the company’s directors or feel they are being unfairly treated or kept in the dark about decisions and having their rights ignored. If the concerns cannot be resolved amicably by the parties then they should seek legal advice at an early…

Buying a house with a swimming pool

Many of us dream about having our own pool, especially as summer approaches. What better way to beat a heatwave? And, on a more practical note, swimming is great exercise, suitable for all ages and fitness levels. So, if you are searching for your next home, a house with a pool may be high on your wish list. ‘With rising temperatures and longer summers, it is easy to see the appeal of a house with a swimming pool,’ agrees Holly Stevens, Director in the residential property team with Ware & Kay incorporating Pearsons & Ward. ‘However, this amenity can raise issues, both practical and legal. So, it is important to do your homework first.’ Here she offers some advice before taking the plunge. Ask yourself how often you will use the pool In the heat…

Do you have a policy for keeping in touch during family leave?

Returning to work from family leave can be a significant adjustment for some employees. As well as the practical considerations of childcare and family logistics, there may have been significant changes in the workplace, such as new colleagues, new technology or new products and services. If used properly, keeping-in-touch (KIT) days can help an employee to feel included and can support their transition back to work. ‘Employees and employers can agree that an employee participates in up to ten KIT days during their family leave,’ explains Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward in York, Wetherby & Malton. ‘However, you should not be tempted to use KIT days to force an employee to work during their family leave, as these arrangements are entirely voluntary.’ Kalpesh explains what KIT days…

Knotty Problems and nuisance claims

Japanese knotweed is an invasive non-native plant that can lead to significant problems because it can cause physical damage to buildings and land and is expensive to eradicate and dispose of. Although there is no legal obligation to remove Japanese knotweed or to report it if you find it on your land, the spread of knotweed can result in civil and criminal liability and adversely affect the value of a property and its insurability. This means that you may be liable to compensate a neighbour if the knotweed spreads from your land to theirs even if the knotweed has not caused physical damage: the mere presence of its roots or rhizomes is sufficient. The Supreme Court recently considered the issue of knotweed and liability in the case of Davies v Bridgend County Council. This case…

Congratulations to Lucy Wardle for passing her SQE exams

Leading law firm Ware & Kay incorporating Pearsons & Ward Solicitors is delighted to announce that Paralegal Lucy Wardle has passed her Solicitors Qualifying Exams (SQE). The SQE exam is a rigorous assessment designed to ensure that aspiring solicitors possess the necessary knowledge and skills to provide legal services effectively. By passing the SQE, which tests both functional legal knowledge and practical legal skills, Lucy has demonstrated her competence in various areas of law. Passing the SQE opens up opportunities for career progression in the legal profession. Lucy started her legal education in 2012 at the University of Sheffield studying Law with Criminology. She completed her degree after 3 years and graduated in 2015 with honours. Lucy then joined Ware & Kay in 2019 and went on to study the SQE Course in 2023 and completed…

Reform of holiday rights: what employers need to know

Calculating holiday allowances can be tricky for any staff who work irregular hours. In an effort to simplify things, this year the government has introduced changes to the rules on holiday rights as part of reforms to some employment rights that developed from years of European and UK case law. These changes were made following consultation, with the stated aim of simplifying the rules on holiday entitlement and pay. ‘They also address the potential unfairness of a Supreme Court decision that gave a term-time worker more holiday when compared to a someone who worked all year round for the same number of hours each year. Our employment team highlight the changes and the importance of complying with the new rules, as well as outlining the benefits and how and when to take advantage of these. What…

Contentious probate: challenging a Will

Inheritance disputes can arise for people in all walks of life, but are particularly prevalent among farming families – often due to the complex ways farms are held and run, or poor succession planning. Julie Bradwell, Litigation Solicitor and agricultural specialist at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York & Wetherby, explains how farming inheritance wrangles commonly arise, and outlines your options if you feel you have not received your fair share in a Will. A farming Will could be challenged for a range of reasons including claims for: Proprietary estoppel A common cause of farming inheritance disputes is where the testator promised to leave you something in the Will, and you relied on this pledge to your detriment, but the promise was broken. This might arise, for example, if…