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Monthly Archives: June 2011

Private sewers adoption scheme may help property sale conveyancing

By Residential Department | Published: Jun 30,2011

London and Brighton both have extensive networks of sewers built in Victorian times but in many parts of the UK a property sale may be affected by the existence of private sewers and drains.

Before July 2011, a buyer’s residential conveyancing lawyer would have made his client aware of the responsibilities – and potential costs – of not being part of the public system prior to contracts being exchanged but new water industry regulations are coming into force.

Water companies will be taking over and adopting all private sewerage pipes from October 1 and property owners who have no objections need do nothing for this to be implemented. However, anyone who wants to keep their existing arrangements must appeal immediately.

Landowners with private pumping stations which move sewage from homes into the public network gradually will be transferred over the next five years.

Construction companies involved in the development of houses and flats are usually bound by a Section 104 agreement, which obliges the builder of a private sewer connecting a new estate to the public network to install pipework of a suitable size and standard before it is adopted by the relevant drainage authority.

Up until the start of the new regime in the autumn, existing agreements will continue but thereafter will come under the revised regulations.

Buyers who are at all concerned about sewerage arrangements relating to their homes should ask their property sales solicitor for advice and, if necessary, ask him or her to conduct a pre-contract drainage search.

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Insurance cover for family lawyer legal fees in maintenance disputes

By Family Department | Published: Jun 29,2011

With family lawyers in Brighton, London and throughout the UK hearing more and more cases of spouses defaulting on their maintenance payment schedule, due to the current economic crisis, a company called Maintenance Assist has launched a scheme which could help parents with care of children afford legal fees to take erring absent spouses to court.

The Financial Services Authority-authorised company is offering divorced and separated spouses a new insurance product which can help in the event that an absent parent stops paying maintenance.

The scheme, called New Start, ensures that if a spouse dies or is unable to continue paying maintenance as a result of redundancy, or ill-health which forces them to stop work, then the carer will receive continued payments for a specific length of time, depending on the level of cover previously chosen.

Should the absent parent responsible for maintenance payments default on an agreed or ordered payment schedule, the insurance cover will pay out towards the cost of legal fees incurred in taking the non-payer to court.

Mark Penston, an independent financial advisor who specialises in mediated settlements and divorce told The Guardian,”In today’s economic climate we are seeing more and more problems arising from [maintenance] payments grinding to a halt as a result of redundancy or other problems.”

He added, “Mothers with children can suffer serious financial hardship, and while they can go back to court to try to enforce the payments with further legal proceedings, this could be costly.”

Financial advisors have generally backed the scheme and family lawyers may be able to help more parents claim their rightful maintenance amounts through the court system if they have had the foresight to take out the insurance cover to help with legal fees should the need arise.

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Healys represents Hove homeowner in Squatter eviction

By Daniela Catuara | Published: Jun 24,2011

Healys’ Daniela Catuara acted on behalf of a homeowner in evicting squatters occupying her mother’s old family home. Despite contracting a security company to secure the property squatters managed to enter and occupy the property on the eve of the anniversary of Ms Cockin’s mother’s death. As the police could not assist, an application was made to court for an Interim Possession Order (IPO). District Judge Pollard, sitting at Brighton County Court, on 14 June 2011 granted the Interim Possession Order giving the squatters 24 hours (from service of the IPO) to leave or face criminal sanctions. It is understood that the squatters, vacated the property the following day on 15 June 2011. The hearing of the final possession took place on 22 June 2011 when a Final Order was made.

The case was covered by The Argus and Meridian News and attracted attention due to the current debates and talk of reform concerning the law in this area. Local Hove MP Mike Weatherley has been campaigning for squatting to become criminalised as it is in Scotland and where it has been since 1865.

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How to lose $1 billion divorce financial settlement

By Family Department | Published: Jun 23,2011

Patricia Kluge, a British woman whose 1990 divorce financial settlement award of $1 billion still stands as one of the biggest ever, has filed for bankruptcy.

The 62-year-old reported total debts, accumulated in the US with her third husband, of $48million (£30 million).

The couple sold their wine-making business, 300-acre Virginian estate, jewellery, furniture and paintings but could not amass enough funds to bail themselves out.

The former glamour model and adult-film actress was born in Baghdad to an English father and half-Scottish mother and married German-born John Kluge after her first marriage ended in divorce.

Kluge reportedly became America’s richest man when his television companies netted him a worth of $6 billion.

The couple’s divorce financial settlement concluded with Ms Kluge receiving cash and a property, Abemarle House in Charlottesville, Virginia.

Ms Kluge and her third husband went on to build up a 775-acre vineyard and wine-producing business which gained a good reputation in top New York restaurants and found favour in the White House. But the success was short-lived and the winery fell foul of the international economic crisis, recording huge losses upon its sale to Donald Trump.

Speaking about the spending which led to the demise of her divorce financial settlement fortune, Ms Kluge said, “That’s a very long story.”

And with regard to her bankruptcy said, “It’s life. We’re not the first to go through it. Through all this tragedy we see a lot of positive things. I’m a Brit – you cut one arm off and I’ll grow another.”

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Royal wedding leads to few property sales in May

By Residential Department | Published: Jun 20,2011

The royal wedding of Prince William and Kate Middleton and a series of bank holidays in April and May, which reduced the number of opportunities for buyers to view homes for sale, are being partly blamed for the continuing flat rate of property sales throughout the UK, with the exception of London.

The Royal Institution of Chartered Surveyors’ survey of members for May found that there was an 8% increase in the average number of properties for sale during the month but the number of buyers was at the lowest level since January.

Surveyors reported completing an average of 14.7 sales each in May with only 5% of respondents saying sales had risen rather than fallen.

Residential conveyancing solicitors and other professionals in the property market will be aware that the RICS figures are similar to those for Halifax and Nationwide, whose statistics for house prices paid in May showed continuing lack of movement.

The exception is London where large sums of foreign money are continuing to be invested, particularly in the wealthier enclaves such as Kensington, Chelsea and Hampstead.

It is the only region to report a rise in house prices in May, which contrasts with the West Midlands where more than 60% of surveyors reported price drops.

A spokesman for RICS said, “Buyer interest in purchasing property remains flat across much of the country and there is little sign of this changing any time soon. Uncertainty over the economic outlook remains as important as the availability of mortgage finance in depressing demand.

“On the other hand, the appetite to rent is continuing to grow. And, with little new supply coming onto the lettings market, the cost of renting is increasing and will continue to do so.”

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Redundant public land sale may boost residential conveyancing

By Residential Department | Published: Jun 16,2011

A boost for residential conveyancing may be in prospect with news that civil servants have finished compiling an initial list of surplus plots of publicly-owned land which can be sold for housing.

With the number of new properties being built at the lowest figure since the 1920s and the continuing finance squeeze reducing lending, the Government is hoping the move will kick-start the property sales market.

The land will be offered to developers for house and flat building under a scheme to help overcome any cash flow issues they may have. The “buy now, pay later” arrangement will mean that the price of the sites will not have to be handed over until the homes are built and sold.

Grant Shapps, the Housing Minister, said, “The Government sits on a lot of land which is often no longer being used for its original purpose.

“Rather than see it go to waste it’s obviously sensible to get it back into use. I think there’s the potential for tens of thousands of homes to be built on government property which is currently lying idle.”

Among sites likely to be designated for sale is a housing estate due to be demolished in Tower Hamlets, east London.

Depending on the size of the sites and their location, the planned homes are expected to be available for a variety of needs including first-time buyers, family owner-occupiers relocating and social housing for rent.

To increase the incentive for local authorities to approve planning applications for the former government land, a new home bonus, related to the amount of council tax raised from residents of the properties, will be paid by Whitehall for the following six years.

There are also proposals to reduce red tape associated with planning for housing developments.

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Family law solicitors should familiarise themselves with new EC regulation

By Family Department | Published: Jun 14,2011

Family law solicitors in Brighton, London and throughout the UK are being urged to familiarise themselves with the new EC Maintenance Regulation which comes into force on the 18th June 2011.

In cases where cross-border maintenance orders require enforcement, Council Regulation (EC) No 4/2009 covers jurisdiction, applicable law, recognition and enforcement of decisions, and required cooperation for member states.

The directive will apply to English and Welsh family law, and in all 27 EU member States. However, certain countries will have slight modifications applied.

The Maintenance Regulation will enable a streamlining of cross-border maintenance orders and will allow a divorcing spouse who should be in receipt of maintenance, or their family lawyer, to obtain a decision in one EU country and for it to be enforceable, and therefore enforced, in another Member State without the need for any further procedure, such as registration.

Although some family law solicitors believe the new regulation does not present any radically new provisions for experienced family law solicitors to be aware of, since Brussels I has already dealt with many of the issues, others believe that all divorce lawyers should acquaint themselves fully with the Maintenance Regulation as a failure to do so could lead to negligence through ignorance.

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Action Medical Research – Trek Machu Picchu – May 2012

By Sandra Streeter | Published: Jun 10,2011

 

 

Sandra Streeter, Facilities Co-ordinator at Healys

In life you can have many loves, I realised fairly early on, at the age of 8, that Cinema was one of mine. I remember my very first introduction, by way of a flickering black and white movie, to Tarzan, Jane and Cheetah.

Through my first love, I met and was captured by Dance and Music, at the age of 13  Fred and Ginger were to captivate me with their wonderful film “ Flying down to Rio”, this in turn opened my eyes to the vistas of South America and introduced me to a life long passion.

Don’t ask me why South America has such a pull on my heart strings, I have no idea, I was simply drawn to the look of Rio de Janeiro,  decades later I still think Rio is one of the most stunning cities I have ever visited, I took my daughter there for her 21 birthday.

Some time in the seventies I first heard of a Lost City, which had been discovered by an American, the city had a peculiar name which I could barely pronounce, being named Machu Picchu.

Over the years Machu Picchu became something of a life’s ambition, all my family and friends know of my fascination with Machu Picchu and wanting to travel there.

As we all know tragedy can strike at any time, very sadly this was the case in my family, my niece lost her twins at 5 months, it was this tragedy that gave me the impetus to do something for Charity, but not just any Charity, it had to be one associated with Child Birth and Babies.

I saw Action Medical Research were offering a Trek to Machu Picchu by way of fundraising for their Charity and  knew finally, this was  exactly what I was looking for.

The time is drawing near when I can achieve my life’s ambition, not only by way of visiting Machu Picchu, but doing so in spectacular fashion, by trekking my way over the valleys and mountains to reach its most fabulous peaks and raising money for Action Medical Research at the same time.

Action Medical Research is a local based Charity, in Horsham, they have been saving Children’s lives for nearly 60 years, being dedicated and determined to stop suffering caused by way of disease and disability in babies and young children.

To enable me to help Action Medical Research, I need your help, my target is £3,200,00  please help me to reach my target and achieve a life’s ambition.

Any contribution you make will help this deserving Charity, please visit my Sponsorship page:-

https://www.action.org.uk/sponsor/sandrastreeter

Many thanks,

Sandra Streeter

 

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Kensington Palace Gardens tops rich-street list at £19.2m

By Residential Department | Published: Jun 8,2011

Further evidence that property sales in prime areas of London occupy a different market to the rest of the UK comes with the latest survey of home prices which reveal the most expensive street in the capital – and the country – is Kensington Palace Gardens.

According to property website Zoopla, a typically grand property in the street, where the neighbours include Russian billionaires, members of Middle Eastern royal families and the richest man in Britain, Lakshmi Mittal, will cost £19.2m.

The second most expensive road, The Boltons with an average price of £13.2m, is also in the borough of Kensington where many celebrities live and a single square foot of land costs £1,193. Third-ranking street is Frognal Way, Camden, at £10.6m

Although nearly half of the 5,922 roads in the UK where the average home costs more than £1m are in London, Surrey has its fair share of million pound areas with commuter favourite Guildford having 89 such streets and Cobham, which is popular with Premiership footballers, only 11 behind, despite its much smaller size.

The survey found that more than 220,000 Britons now own a house or flat worth more than £1m, however, high street residential conveyancing solicitors are still more used to handling administration and contracts for homes nearer the average UK price for property sales of £205,985.

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Commuting could cause a trip to a Brighton divorce solicitor

By Family Department | Published: Jun 6,2011

A study published by Swedish researchers has revealed that divorce solicitors in Brighton may be hearing that their client’s commute to London has been the cause of relationship breakdown.

In fact, any commute time of around 45 minutes or more is likely to put enough strain on a couple to cause significant risk of a split, says Erika Sandow of Umea University, Sweden.

A cohort of two million married or cohabiting Swedes was selected in 2,000 and results for the study were gathered from ten years of official registry data for the participants from 1995 to 2005.

While those people undertaking long-distance commutes were shown to have benefitted in terms of career opportunities and increased income, the work-related journeys meant the couples were 40% more likely to divorce or split up.

The study revealed that men were more likely to be making the long-distance commuter journeys each day and while they benefited from better prospects, their wives and partners often took lower paid roles so that they could be closer to the home and family.

Sandow cited a build-up of resentment within the partnership as a catalyst for divorce and splits – reasoning that when the commuting partner got home from a long day he (it was usually the male) was not willing to share chores or family responsibilities.

Relationships expert Jean Hannah Edelstein commented in the Daily Mail that in most relationships there are two partners and three jobs – each adult works for a living and then someone has to maintain the home.

“You have to figure out ways that everyone feels like they’re doing an equitable amount of work. Which requires a lot of talking, listening, and flexibility,” she said.

It is likely that divorce solicitors in Brighton are already aware of the strain that a long commute can put on a couple as the town has excellent rail links with London which may make it initially seem like an attractive prospect for those who wish to live near the sea, but also keep up a career in London. Tellingly, though, the rail journey time is more than 55 minutes.

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