News
Wildlife Management, Landowner Liability And The Law Commission Review
23rd May 2013The Law Commission is presently reviewing responses to its recent public consultation on the topic of wildlife management. A draft bill is expected in the middle part of 2014. [read more]
Legal disputes between parents living in different countries on the rise
9th May 2013A BBC report published last week has highlighted that the number of legal disputes between parents residing in different countries has more than doubled in the last two years. [read more]
Should squatting in commercial premises be criminalised?
9th May 2013Until 1st September 2012, squatting in any type of building was a civil offence requiring recourse to the court in order to evict unwanted residents. [read more]
Landowners - Is it time for a review of the land?
16th August 2012
It's common for customary arrangements between landowners be left to run but is it time to take stock?
When the upheaval of the 2012 harvest has abated it will pay rural land owners to review any use of their land being made by third parties, warns Edward Worthy, rural partner at Gepp & Sons.
It is common in agriculture for customary arrangements to be left to run on in order to preserve the status quo. However, are you really that sure what the status of all of your land is 'on the ground'? Are there neighbouring home owners who have moved a garden fence in order to enclose some of your land? Does a neighbouring farmer make informal use of your land?
Cases such as J.A. Pye (Oxford) Limited v Graham [2002] UKHL 30 clearly demonstrate the need to regularly review informal arrangements. The payment of a regular licence fee is one method of checking that the identity of the land user has not changed and the arrangement should always be embodied in a formal written agreement.
There is no substitute for management of your land holding by way of regular visits and making enquiry of any person who appears to be making use of your land. What might seem an insubstanial corner of a field may prove to be the key to a new development if you own land on the urban fringe!"
This is not legal advice; it is intended to provide information of general interest about current legal issues.
Should you need any advice relating to the subject discussed in this article please please complete our Enquiry Form call us direct on 01245 228124 or email agriculture@gepp.co.uk
