Longridge: 01772 783 314 | Garstang: 01995 602 129 | Lancaster: 01524 581 306 
 
Longridge: 01772 783 314 
Garstang: 01995 602 129 
Lancaster: 01524 581 306 

Posts from November 2018

In many divorce matters, both spouses want matters to be resolved as quickly as possible, and they likely want an outcome of financial matters that suits their situation. However, despite the emotional experience that you may be going through during the divorce, it is important to make the right decisions and to follow the financial process set out by the Court, to ensure that you get the settlement that you are entitled to. 
If you live in Lancaster and you look for Conveyancing in Lancaster; you would expect that your Local Solicitor would not need a Local Search to tell them about the property. 
 
Well you’re wrong! Searches uncover all kinds of information that may otherwise be hidden. Searches help provide information on the property which may not be disclosed by the Seller of the Property. Searches are also mandatory if you are purchasing with the assistance of a mortgage. 
What are Covenants? 
 
Covenants are important matters, contained in the property’s title, that affect the land and can be either positive or restrictive. 
 
They can be found within the Official Copy of the Register of Title. The Official Copies may contain a schedule which will outline the covenants for your solicitors in Lancaster Lancashire to study. The Official Copies may also refer to specific documents which contain covenants. Your solicitors in Lancaster would then request copies of such documents to gain clarity on what the covenants are and what they mean for their client. 
Many people don’t consider themselves as needing a Will. However, Lancaster Solicitors explain that having a Will in place is important for everyone. Whether you consider yourself to have a large estate or a small asset pot, your Lancaster Solicitors can draft your Will, tailored to your circumstances, all for a fixed fee. 
When a person passes away, if they have left a Will, their estate will most likely need a Grant of Probate obtaining. Solicitors in Lancaster, MG Legal, can help the executors of the Will (the people name in the Will as being ‘in charge’ of the deceased’s estate) to apply and obtain a Grant of Probate
Sounds weird doesn’t it? 
 
“How do you want to own your property?” 
 
“I just want to own it.” 
 
When you purchase a property with someone else it is called “co-ownership” and all cases of co-ownership tend to give rise to a trust of land. 
 
With any form of co-ownership all of the legal co-owners must join in any future disposition of the property. If there was a dispute which when to court, for example, then the Court may make whatever order it sees fit but the Courts will generally take into account why the property was bought. 
Apparently, the passing of the Civil Liability Bill will stop insurance fraud arising from road traffic accidents. Aviva, insurers of 1 in 4 motor vehicles in the UK, will say that last year, 2017, it detected £59 million pounds worth of fraudulent injury claims (the writer is unsure if this sum relates also to vehicle damages, credit hire, and solicitors’ costs, arising out of the road traffic accident claims). Aviva, obviously jubilant in the knowledge that the Civil Liability Bill has passed though the Commons, and the Lords, will say that they are presently investigating more than 17,000.00 road traffic accident claims they believe to be fraudulent, and that motor insurance accounts for 60% of all fraud detected by their offices. 
Let’s tell it exactly as it is- representing yourself in court, or when drafting legal documentation, is not a good idea. The rules (Civil Procedure Rules 1998, as we are talking about road traffic accident solicitors, in this instance) are not ‘watered down; for the general public, and there is no special dispensation afforded by the courts to those injured in road traffic accidents who do not have the means to instruct a solicitor dealing in road traffic accidents. And yet, despite the obvious pressures put upon the court system (trust us when we say, it’s already busy, and complicated enough), and the lack of parity for those representing themselves, the Civil Liability Bill is coming to a legal system near you in April 2020. 
Following Solicitors in Lancaster’s blog on Food allergies and the dangers of incorrectly labelled food (which you can read here), ITV News has recently published an article which Solicitors in Lancaster found very interesting - Researchers have conducted a landmark study into Peanut allergies, and the ability to build up a tolerance to them in children. 
What is an Easement? 
 
MG Legal, Conveyancers in Manchester, see Easements as being like vouchers or IOU’s. The Land Owner gets a right (or a voucher) to use, or in some cases not use, the land in a certain way. For example, the land may grant you one voucher to cross next doors land.  
 
However; certain conditions must be met before an easement can exist, namely: 
 
(a) As is every relationship one must get it better than the other! That is; there must be a piece of land that gets the benefit of the land (dominant) and a piece of land that has the burden of it (servient). 
 
(b) The right must benefit the dominant land 
 
(c) the dominant and servient (…get your head out of the Gutter we are not talking 50 Shades, we’re talking pieces of land!) must not both be owned and occupied by the same person; and 
 
(d) the right must be capable of being granted by deed, so therefore they must usually be: 
(i) within the general nature of rights capable of being easements, and 
(ii) sufficiently definite. 
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