Easements are rights affecting land, such as a right to run pipes across it. A typical easement will give you a private right of way across your neighbour’s land to get to a public road. Another example is the right to use a septic tank located on your neighbour’s land. You may well have an easement without knowing it: when houses are built the builder will often arrange rights to run pipes, drains and cables across each neighbouring land to supply gas, water, electricity, etc […]

‘Neither a borrower nor a lender be,’ goes the old adage from Shakespeare, but many of us are asked at some point to lend money to a friend or relative. This will often involve giving someone £10 or £20 so they can do some shopping, with the loan being repaid as soon as they can get to the ATM. But sometimes you might be asked to lend substantial sums to pay off debts or a mortgage, or even buy a house. What should you consider before doing so?An important initial […]

The death of a family member or close friend is a distressing time. The last thing you want when you’re grieving and coming to terms with the situation is to be bothered with admin and paperwork. However, there are a few practicalities that need to be dealt with. Here’s a quick guide.First, you need to register the death within 5 days. You’ll need a medical certificate for this, so ask the GP or hospital doctor for it. Call the local registry office to make an appointmen […]

While bankruptcy does not have the stigma it used to have, if you’re made bankrupt it is still a very significant event in your life. Although it can come as a relief, with pressure from creditors taken away and debts cancelled, it has serious knock-on effects. Your home can be sold and business closed down, and it makes it difficult to get credit in future. These consequences can mean that some people who have been made bankrupt look into having their bankruptcy order cancelled.Tec […]

​A limited company’s Articles of Association are its main constitution. They set out how the company is run, governed and owned. If you are involved in the running of a company, whether as a director, company secretary or manager, you need to be familiar with what the articles say. The articles will specify, for instance, how the company is managed, how company meetings are to be held and how decisions are made by directors and shareholders. They will also say what the re […]

Houses and flats are expensive, and it’s difficult to get on the property ladder. So it’s quite common for friends to buy a property jointly, rather than spend money on rent. But what happens if one friend wants out and the other doesn’t? Can one of them force a sale?I often see arrangements like this, and also the problems they can cause. What usually happens is that the two friends start off sharing the property, and then one wants to relocate, or is getting married an […]

If you lease a residential property, the chances are that you’re paying fees to the freeholder, for ground rent and service charges, and so on. The fees can amount to thousands of pounds a year. But if the fees are excessive, you can challenge the freeholder and may be able to get them reduced.The best way to avoid paying high fees is not to buy a lease with excessive charges in the first place. Before agreeing the purchase, you should always obtain proof of the service charges and […]

It’s an annoying and extremely frustrating situation. You’re owed money by a company, or have a claim against it, and suddenly it goes bust, leaving you high and dry. Can you ever hold the shareholders to account or get your money from them?The short answer is probably No. It is a cornerstone of the law that a company is a separate legal entity from its shareholders and directors. A well-known case from the Victorian era established that a company has a separate legal personal […]

Being an attorney (or deputy) for someone who lacks capacity often involves difficult decisions. One of the trickiest is whether you should make a gift from their funds. You might believe that they would approve if they had capacity, but the consequences of making an unauthorised gift can be very significant, involving possible civil and even criminal liability.The Office of the Public Guardian has the power to investigate gifts. They can require you to explain any gifts (or financial tra […]