Today boundary disputes are becoming more and more commonplace. When a fence is broken or conifers are left to grow too high, neighbours want to know whose responsibility they are. Therefore, establishing the boundary of a property is important because it will determine the extent of the land over which rights and liabilities may attach. The legal boundary is the invisible line that divides the land between the ownership of adjoining land owners. Contrary to popular belief, often physical boundaries do not always follow the same line as the legal boundary.

When property is registered at the Land Registry (which most property in the UK is) the boundary line is usually a ‘general boundary’ which is not the exact line of the legal boundary. Therefore, registration with a general boundary does not determine ownership and importantly, the maintenance obligations of physical boundary features.

When disputes between neighbours arise, and the parties want to establish the legal boundary the first place to look may be the old pre-Land Registry title deeds. The property description clause in an old conveyance or transfer may describe the property precisely enough to determine the legal boundary and may make reference to a plan. Inverted ‘T’s’ marked on plans are now accepted as persuasive evidence of ownership of a boundary feature.

Often title deeds are unavailable or unclear; therefore several legal presumptions have emerged and are applied by the courts when trying to resolve disputes;

1. Hedge and Ditch;
When properties are separated by a hedge and an adjoining single ditch there is a presumption that the land owner on the hedge side owns both the hedge and the ditch.

2. Roads;
Where a property adjoins a road, and the road falls outside the red edging on the title plan, the owner is presumed to own up to the middle of that road. Where the road is classed as a public highway this presumption is subject to various rights of the Highways Authority.

3. Non-tidal rivers and streams;
The owner of a property that abuts a natural non-tidal river or stream also owns the bed of the river up to the centre line and if the course of the river or stream changes naturally, the boundary is presumed to change with it.

4. Sea-shore;
Where a property adjoins the sea, there is a presumption that the boundary of the property extends to the top of the foreshore, this is the land that lies between the high and low water marks of an ordinary tide.

5. Fences;
It is a common belief that the posts of a fence are on the owner’s side. This is not a legal presumption; however, the position of the posts may be taken into account by a court in helping to determine the ownership of the fence.

Legal boundaries can also be established by an application to the Land Registry. The application must be accompanied by sufficient evidence in support of the boundary line claimed. A notice will then be served on the adjoining neighbours and if any of them object to the application the dispute may need to be resolved by the court. This is an expensive and time consuming route to take.

Finally, boundary disputes can be resolved by agreement between the parties. There are two types of boundary agreement; first those that constitute an exchange of land and second, those where the parties merely intend to determine an unclear boundary. There is a presumption that an informal boundary agreement falls into the latter category. It is perhaps a little ironic that, though this is the cheapest and simplest way to resolve disputes, the likelihood of such an agreement in the context of a dispute is very slim indeed.

To find out more about property boundaries and how you can resolve any disputes, please contact Zoe Colling on 01723 352125 at Scarborough, Helen Jackson on 01262 673445 at Bridlington Noel Barrett on 01947 601122 for Whitby.  

The above is for general information only, please contact us for further information

When you buy a property we, as your solicitors ensure that all the necessary legal paperwork is obtained from the seller.  The law has changed considerably in the last few years imposing stricter conditions on who can carry out works at properties and to what standards these works are carried out. In many cases you need to obtain a compliance certificate, which is a document certified by the relevant competent authority that the work meets the specifications required by law.

Here at Pinkney Grunwells we will make sure the right documents are received for work done before you buy.  You may then have work done to the property once you move in, which by law, requires certain certificates to be obtained from the tradesman.  If you have not kept or obtained these documents this could result in delays and  additional costs for you to pay when you come to sell as duplicates will have to be obtained or insurance taken out if certificates are not available.

These are some examples of documents which you must ensure you have/obtain:-

FENSA or buildings regulations certificate for new windows and doors

Building compliance certificate for boiler and central heating works installations.

Compliance Certificate for electrical works.

In many cases the contractors have to pay their professional body to enable them to issue the certificates so unless you request them at the time of doing the work you may not receive them.

Following your purchase we can store your documents free of charge and they will be quickly and easily available when/if you decide to sell.  This means there are no delays in getting your sale underway when a buyer is found.  If you have work done during your ownership of the property you can bring the additional documents into us and we will put them with any others we hold, again free of charge.

If you want us to store your deeds and documents or are unsure as to what certificates you should obtain when having work done please do not hesitate to contact any of our offices on:-

Whitby  01947 601122

Bridlington  01262 673445

Scarborough 01723 352125

Hunmanby/Filey  01723 890634

Or at solicitor@pinkneygrunwells.co.uk

As from April 2011 separating couples who embark upon the legal process whether it is in relation to a childcare dispute or financial issues must consider mediation before going to court.

What is mediation? Parties meet with a mediator who is specifically trained to help separating couples resolve a dispute. The mediator will work with the couple to identify issues that can’t be agreed upon to help them try to reach an agreement without the need for attending court. The mediator will not give advice on the parties individual position and the parties will still need/be recommended to seek their own independent legal advice either throughout the mediation process or upon the terms of agreement reached. The mediation process is confidential and any discussion which takes place in mediation is not binding on either party. Once an agreement is reached the parties will be advised to enter into a legally binding agreement which is usually done through the parties’ respective solicitors.

Do Parties have to attend mediation before going to court? No:  You must consider mediation however if following a referral the other party is unwilling to attend or it is considered that mediation is not suitable then mediation will go no further. This can often be determined at the initial assessment meeting which can be a single or joint meeting with the other side.

Are there any exemptions ? Yes: It will not be necessary to make  a referral to mediation before going to court in certain circumstances e.g if there have been allegations of domestic abuse.

How has this changed ? Previously any party who wished to apply for public funding to be represented at court had to first make a referral to mediation. Now all parties who wish to apply to court whether they are entitled to public funding or not must first of all consider mediation.

The thinking behind these new initiatives is to encourage mediation as an alternative to litigation with a view that this is quicker, cheaper and less contentious. A referral to mediation is not to force parties to enter into mediation but to consider whether it is suitable and can often lead to negotiated agreement, thus achieving these objectives. However it must be approached with caution. In many cases mediation is not going to be suitable. If e.g there is a dominant person within the relationship. Or it may be mediation alone will not suffice and the individual parties require advice and need to be aware of their rights and how to assert those rights within the legal process.

Mediation is by no means a quick fix and the process itself can often be lengthy with periods of several weeks in between each session. This may mean it is not appropriate in cases which require immediate action e.g Interim financial support, or cases in respect of children where the non-resident parent has refused to return a child after contact where clearly delay is unacceptable.

How do I make a referral to mediation ? We can  make the referral for you or you can make a referral direct to your local mediator. We can advise upon the suitability of mediation and whether exemptions will apply in your particular case. We can also ensure that you receive competent no nonsense legal advice throughout the mediation process.

Please contact Teresa Bennion on 01723 356313 or teresa.bennion@pinkneygrunwells.co.uk for further information

Calling All Residential Landlords.

Did you know that the law changed for all new residential assured shorthold tenancies created after 6th April 2007. If you take a bond or deposit against rent arrears or damage to your property from your Tenant, that you must then make sure that the money is lodged in a Government approved Tenancy Deposit Scheme.

Failure to do so can result in severe sanctions, not only can your Tenant take you to court to claim repayment of their bond/deposit plus three times the amount of their bond/deposit, (as a penalty), but you may also lose the right to recover possession of your property under the Assured Shorthold ground for possession.

There are essentially two types of scheme; the custodial scheme run by the Deposit Protection Service, (DPS), which is open to all Landlords; and the insurance backed scheme which is run by either MyDeposits or the Tenancy Deposit Scheme, (TDS). The TDS scheme is only, however, open to members of certain professional organisations.

Certain prescribed information, as to with whom the bond has been lodged must be provided by the Landlord to the Tenant within 14 days of the Landlord receiving the bond from the Tenant.

Disputes about the condition of the property at the end of the tenancy are frequent and from a practical point of view, to try to avoid such disputes, Landlords and Tenants should ensure that an agreed photographic record of the condition of the property is annexed to the tenancy agreement together with an agreed full inventory of the contents of the property. Such documents help to “evidence” the condition of the property and the contents at the commencement of the tenancy.

Pinkney Grunwells Lawyers can provide expert detailed advice at reasonable cost on Assured Shorthold Tenancy Agreements and the requirements of the Deposit Schemes.

If you require any further information or advice please contact any of our offices on:-

Whitby (Noel Barrett) 01947 601122,

Bridlington (Helen Jackson) 01262 673445

Scarborough (Zoe Colling) 01723 352125

Hunmanby/Filey (Debbie Moore) 01723 890634

The above is for general advice only, please contact us for further information

When a loved one dies, often the last thought is as to the process of dealing with the estate.  However, this is an aspect which must be dealt with.  The responsibility for dealing with the estate falls to the executor (where the deceased has left a Will) or the administrator (where the deceased died without a Will, known as intestacy).

Their job is to establish the assets and liabilities of the estate as at the date of death, prepare a return to HM Revenue & Customs and make an application to the Probate Registry to obtain a Grant of Representation.  Once they have obtained the Grant, they draw in the monies and administer the estate in accordance with the terms of the Will or the laws of intestacy.

In simple cases, an executor can apply for a Grant of Representation themselves.  However, even seemingly straightforward estates can prove surprisingly complex and time consuming and executors are legally liable for any mistakes.  As a result, the great majority of people seek expert advice from a fully insured Probate Solicitor.

What are the average fees involved?

Of the various types of institutions that provide probate services, Banks and Will Writers often charge consistently higher fees than Solicitors.  Most charge a percentage of an estate’s value as well as for time spent on the estate.  Bank and Will Writers fees for estate administration can generally work out at between 4% and 5% of the value of the estate, so are generally not good value.

Solicitor’s fees are ultimately regulated by the Law Society.  Generally, they charge for the work that they actually carry out, adding a modest percentage fee, which is a maximum of 1.5% of the value of the estate (and only 0.75% of the value of any property).  Solicitors’ fees would still not usually exceed 2% of the value of most estates.

How do you make savings?

Prepare well for any face to face meetings and have as much information to hand as possible.  Remember that letters take time, so ensure that correspondence is kept only to that which is essential.  If you want, you can do some of the work yourself rather than leaving everything to the Solicitor.

Lastly, there are steps that you can take to make savings even at the stage of preparing your Will.  For example, there is often no need to appoint professional executors in your Will as this can increase the cost to your estate.  In addition, when you are having your Will drawn up, there is no need to pre-pay for probate services at that point.  Some will-writing companies have been criticised for charging large sums of money in advance for services that may not be necessary and may end up costing your loved ones in terms of money and stress.

Our advice is to make a local Solicitor your first point of contact when it comes to both making your Will and in the unfortunate event that you are required to deal with an estate.