Accessing Your Own Land

Prior to the introduction of revised procedures (set out in regulations under Section 68 of the Countryside and Rights of Way Act 2000, which came into effect in July 2002), people who had to cross common land in order to reach their homes were sometimes denied the right of access to their own property, due […]

Credit Card Purchases: Know Your Rights

When you order something and pay using a credit card, you are protected against loss…or are you? Although many people think that the protection that applies is absolute, it is not. Unless your credit card contract specifies otherwise, your protection is normally limited. The criteria that normally apply are: • The purchase of the goods […]

Administering Estates – Procedures and Pitfalls

A recent survey has shown that more than one in ten people who are thought to have died intestate (i.e. without leaving a will) may actually have made a will and that a similar number of those who leave a will which is initially believed to be the last will they made did, in fact, […]

Who Can Go Where?

In England and Wales, the law relating to access to land position is governed by the Countryside and Rights of Way Act 2000. In England and Wales, the public have the right to access what is called ‘access land’ – which is mainly registered common land, mountains, downland, heathland and moorland and other specifically shown […]

Charity Trustees – Guidance

The regime governing charities has been progressively tightened up over the years, making the sort of scandals that were once not uncommon much more of a rarity. This means that trustees now have to adopt a more professional attitude to the management of a charity’s affairs than was necessary in the past. However, the Charities […]

Business Assets and Divorce

Divorce is seldom an easy business, but the problems are compounded when there is a family business involved. The division of the spoils has traditionally been the subject of a great deal of argument, but recent cases have at least clarified the thinking of the highest judges in the land. The leading case, which was […]

Repossessions – the Duties of Mortgage Lenders

When mortgage arrears are serious and/or there is a breach of the mortgage covenants, the lender will usually seek an order for repossession of the property. Once it has possession, it will normally sell it with vacant possession. If this course is taken, it becomes responsible for the maintenance of the property from the date […]

What is a Trust?

A trust comes into effect when a ‘settlor’ places money, land or other assets in the hands of trustees. The trustees are the legal owners of the property but are obliged to hold and manage the property for the benefit of a person or a group of people, who are called beneficiaries. There are several […]

Unlocking Your Equity – the Choices

There is a bewildering variety of equity release schemes on the market and, judging by the letters pages of the financial press, they are not well understood. Releasing equity in a house can be an effective way of supplementing your income or releasing spare capital that will not be needed for your children. Each type […]

Unfair Contract Terms – Your Rights as a Consumer

UK consumer protection legislation is robust, giving them substantial rights and imposing significant obligations on traders. Indeed, in some cases the actions of a vendor may be sufficient to constitute an ‘unfair commercial practice’ (UCP). UK law prohibits UCPs and, in many cases, they represent a breach of the criminal law  under the Unfair Terms […]