INBRIEF - P8 DISPUTES WITH NEIGHBOURS - GULLANDS SOLICITORS
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InBrief
Autumn2021
The Magazine of Gullands Solicitors
P8
Natural
Private
equity
Disputes with
P4 Capital P6 investment neighbours
02 InBrief
Welcome to Inside this issue...
InBrief
Another harvest comes to a close for 3 Season of change
4
most farmers, whilst the top fruit harvest is
finally underway after a delayed start. The
weather has certainly caused a number
of issues this year and to combat this 4 Natural capital - legal considerations
the government firmly has zero carbon for landowners
emissions on its agenda. On page 4 we look
at the issues around Natural Capital for
farmers and landowners.
By the time you read this we will have attended the
5 Changing face of England’s High Streets 6
Weald of Kent Ploughing match and we hope the
weather will be kind. I think we are all looking forward
to attending events and catching up with old friends and
6 Private equity investment - is it right to
contacts. We are anticipating a bumper turn out to our sell a stake in your business?
stand, which this year we are sharing with Kreston Reeves.
Recent changes to planning rules will no doubt change
the face of our high streets and we look at some of the 7 Mediation Success in family disputes
issues around changes to permitted development rights.
Another lesson of the pandemic has been how much we
7
either love or loathe where we live and if you were lucky
enough to have quiet neighbours, then you should be
8 Disputes with neighbours
grateful according to recent research. Whether it is noise,
boundary disputes or other issues, these matters can
cause a lot of upset for everyone involved and we look at
some of the legal issues and how to avoid them escalating. 9 Multigenerational living - a guide to a
happy household
Other changes which we are likely to see following the
pandemic is more multi-generational households and
we look at some of the legal issues from a private client
perspective to make sure everyone enters into such an
10 Tunbridge Wells Legal Walk 2021
8
arrangement with their eyes open.
Finally, we have taken part in some fantastic charity Elmer’s Big Heart of Kent Parade success
events over the past few months, in particular Elmer’s
Big Heart of Kent Parade which concluded in early
September with a farewell weekend and charity auction.
This has been a fantastic success for the Heart of 11 Charity football match raises £2,500
Kent Hospice, raising over £312k and we wish our
9
‘Steam Elmer’ a happy new home – we will miss him
brightening up the car park of the Carriage Museum.
We look forward as ever to catching up with you at one 12 Staffprofile:
Georgina
Bailey
of our next events.
Taste of Kent Awards 2022
Viticulture
11
John Roberts
Managing Partner
www.gullands.com
InBrief 03
Season of change
We are delighted to be back at the Weald of We all know few farmers do actually retire, but the government
says there is growing evidence that more would like to, and a
Kent Ploughing Match this autumn, following lump sum payment could enable them to do this in a more
a much quieter September last year as it was planned and managed way.
postponed, along with many other events. The government is also keen to attract new entrants from
This year we have also teamed up with our younger generations into the sector and there could be support
for farmers who want to rent out their farms as well as those
friends at accountants and business advisers selling up or surrendering their farm tenancy.
Kreston Reeves to welcome guests to our
The government has said more details on the response to
marquee. this consultation will be published later this year, but it seems
Events such as this are in important date in the rural calendar inevitable that the scheme will go ahead.
and provide an opportunity for farmers, landowners and rural Before making any changes to your farm business, or to discuss
dwellers to meet up and chat about the harvest just past and issuesof successionplanning, do getin touch find
outmore
the farm year that begins ahead. No doubt the lack of a proper about the various options available, to help you make the best-
summer here in the South East will be one of those topics! informed decision.
There is much change on the horizon for the rural sector and Paul Burbidge can be contacted at p.burbidge@gullands.com
earlierthisyeartheGovernment published a consultation which
included proposals on a lump sum exit scheme for farmers.
04 InBrief
Natural Capital -
legal considerations
for landowners
Landowners and farmers should • Protection from environmental hazards will be breached by participating in any new
• Reduction of and adaption to climate scheme and we can help you to review these
now be familiar with the terms change to understand your position.
Natural Capital and Biodiversity • Beauty, heritage and engagement with
New Gain (BNG) which offer the environment Secondly, consider if you are happy with land
being taken out of production for 30 years
them an opportunity to secure To deliver this, farmers will also be able to or more, what will be the ongoing costs to
additional income and new revenue access payments via the Sustainable Farming manage and maintain it and who is responsible
streams as the basic Payment Incentive Scheme, which is currently being for those. Is there the succession in the farm
piloted and will be launched in full in 2022. business to continue this if you are no longer
Scheme is phased out 2021-2027. able to and does it also limit the potential for
There will also be The Local Nature Recovery diversification projectsata later date?
BNG is already a requirement of theNational Scheme, which will encourage greater
Planning Policy Framework and National collaboration between farmers which begins Also, will you risk generating an unintended
Planning Practice Guidance soit isnota in 2022 and a full launch is planned for 2024. IHT bill for future generations which reduces
completely new concept. I’ve been dealing financial gains tobe made andcould resultin
with these projects in my role as trustee The Landscape Recovery Scheme will see a other land or assets needing to be sold to pay
for various charities and their recent number of projects including the restoration of for it.
property developments. wilder landscapes, large-scale tree planting and
peatland and salt marsh restoration. Around Understanding the ongoing legal responsibilities
More detail is now available about Natural 10 pilot projects will begin in 2022 and a full to avoid breaching them and possibly opening
Capital and The Environmental Land launch is again planned for 2024. oneself upforlegal action orfinancial penalties
Management Scheme guidance, published 15 is important, so taking legal advice will
March 2021, sets out the goals of the 25 Year How should landowners and farmers now therefore be vital to understand the detail of
Environmental PlanandtheGovernment’s approach the introduction of these schemes any agreement.
commitment to net zero emissions by 2050. and what legal considerations should they
consider before entering into any future We are happy to review any documentation
Landowners and farmers will be paid to deliver agreements? They should also review any and advise on the legal implications of any
projects that enhanceNatural Capitalincluding:
existing agreements they have in place future agreement to protect you and your
with developers. land interests.
• Clean and plentiful water
• Clean air They should consider whether any existing Blair Gulland can be contacted at
• Thriving plants and wildlife agreements, mortgage terms or covenants b.gulland@gullands.com
www.gullands.com
InBrief 05
Changing face of
England’s High Streets
Changes to planning rules The new legislation allows properties in There are also concerns that business tenants
Use Class E to be redeveloped into housing who have failed to comply with their lease
in England which came into without the need for a full planning application. terms and who are protected under the
effect on 1st August will now New Permitted Development rights mean only emergency Covid-19 legislation until 25 March
prior approval is needed from the relevant 2022, could see landlords reluctant to renew
make it easier for the owners local authority. To qualify properties must their existing retail leases. The British Retail
of empty shops and some have been vacant for three months before the Consortium says it is “Worried that this will
date of the application and they cannot be lead to a situation where you will have an
other commercial buildings larger than 16,45.8 sq ftof floorspace.
Local uncontrolled and unmanaged change of use,
to convert them into homes. authorities will however be able to unilaterally which will undermine the coherence of the
Some people in the property remove these permitted development rights commercial units that remain, particularly on
where they want to protect the character of a the high street and in town centre locations”.
industry say this could mean as conservation area.
Landlords are advised to consider their
many as four out of five retail According to The British Retail Consortium, property portfolio carefully and how they
units being converted into one in seven shops in England, Scotland and might benefit fromthis new legislation orif
housing, forever changing the Wales were empty in March 2021. The they are at risk of being affected negatively by
government is hoping that measures such these changes.
face of many high streets. as these new permitted development rights
will reinvigorate currently empty high streets. Catherine Lloyd can be contacted at
However, there are some concerns that local c.lloyd@gullands.com
councils will have less control to implement
their own vision for the high street and town
centres in the future.
06 InBrief
Private equity
investment – is
it right to sell
a stake in your
business?
If you are a business owner and are approached you disagree with decisions being made and imposed upon you. How
long you stay with the business will be part of the investment deal, along
to sell a stake in your business, or are looking with measures to keep other key members of your management team
for investors to help fund the next cycle of in place.
growth, what do you need to know to make the The investment may involve a ‘rollover’ proposal which requires the
most informed decision? owners/managers of the business to put aside some of the sale proceeds
for reinvestment into a new entity, often a limited company, which then
Private Equityfirms areinvesting in many different sectors andeachfirm acquires the business. This allows all parties to have a share in the future
will be looking for something different, so choosing the right partner increase in value of the business, helping to tie in key personnel, and it
from the beginning is important. also spreads the risk if there is a decrease in value.
Firms will want to invest in a business to increase its growth with the Financial details such as the cost of management fees, which the private
viewtoexiting andmaking a profit on theirinvestment, onceit achiev es equity firm will charge, need tobe scr utinised,asthis couldhave a big
peak value. This is traditionally something which is aimed for over a short impact on theprofitability of thebusiness andits ability
toachieve the
period of time, usually 3-5 years, although the length differs according to financialcovenants in theinv estment agreement. Failure
tomeet financial
the sector. covenants could seetheprivate equityfirm takefull controlof the
business, so understanding all of the legal obligations and the implications
Inexchangefortheinvestment, theprivate equityfir
m will usuall
y tak
e of the deal are essential.
anactive,day today rolein themanagement of thebusiness,torefine
and oversee plans for growth. For the business owner, this means your Private equity investment has helped many businesses to accelerate
businesswillbenefit froma range of experience andfresh thinking. growth plans and to build a strong and successful future and if you are
interestedin finding outhow such a dealcould workforyou, getin touch.
Reduced control over day-to-day decision making is, however, one of the
hardest
areas forowner-managedbusinesses toaccept andyou may find Sarah Astley can be contacted at s.astley@gullands.com
www.gullands.com
InBrief 07
Mediation
Success
in family
disputes
Back in March 2021 the The breakdown of a relationship does not have • W
orking together enables the best
to be acrimonious or end up in a court room outcome to be reached for the whole
Government launched a scheme and the Collaborative process we offer here family.
to help separating families resolve atGullands enables thecouple tofinalise the • P
eople tend to maintain a better,
disputes outside of the courts, details of their split via face to face discussions ongoing relationship with their ex-
in a series of four-way meetings.
with a £500 voucher towards partner which is especially useful
where children are involved.
mediation services. Mediation These meetings are attended by the
It can be faster to identify and resolve
is a way of finding an amicable separating couple, each supported by their
issues.
own Collaborative lawyer. The parties and
solution to disagreements and the their lawyers work together, with the lawyers • It is a much cheaper way of resolving issues
government were also keen to providing support and advice, with the aim of compared to going to court.
free up space in family courts. facilitating an amicable settlement to whatever • Y
ou are guided by an experienced family
issues are facing the couple. It can be a very solicitor.
The schemehas provedsuccessful andfigures successful way of resolving issues concerning
from the Family Mediation Council who run children andfinances. JulieHobson,Partner atGullands Solicitor
sis a
the programme suggest up to three-quarters of Resolution Collaborative Solicitor and will work
participants have been helped to reach full or The process begins with all four parties signing with you to help achieve the best outcome
partial agreement on their dispute. a Participation Agreement to commit to the for you and your family. Free initial telephone
process and agreeing that all discussion takes consultation offered and evening appointments
The Government hasannounced it willinvest place at the meetings, in a spirit of openness. are available, email matrimonial@gullands.com
a further £800,000 into the scheme.. while it
deals with the backlog in the courts following Collaborative law is very different to the typical
the disruption of Covid. legal process as it reduces hostility and encourages
communication. Otherbenefits arethat:
08 InBrief
Disputes with neighbours
According to research published Where complaints involve a statutory nuisance to the Land Registry to help avoid this issue
such as loud music, vehicles, machinery and in the future. Useful for when you want to sell
recently by Churchill Home equipment or a barking dog between 11pm the property or if the neighbouring property
Insurance, between 2020 and and 7am, then you can make a complaint to subsequently changes hands.
2021 there has been a 28% year your local council.
Existing boundary disputes
on year rise in the number of A last resort is to take legal action against your For existing boundary disputes with neighbours
noise complaints by people to neighbour. where an agreement can’t be reached, both
their local councils across the UK. Boundary disputes
parties might decide to consult their own
surveyor and if this fails, then it is likely the
With many of us spending much more time at A second area where neighbours frequently dispute will go to court or the First Tier
home during the recent lockdowns and taking fall out is regarding boundaries. Whether a Property Tribunal and a judge will decide on the
summer staycations and with many people dispute is about a fence, wall or the boundary boundary placement.
continuing hybrid working arrangements and line, people quite rightly don’t want someone
working from home more frequently, it is encroaching onto their land. Party Walls
unsurprising that you may notice things about There are separate rules that protect a Party
your neighbours which quite frankly annoy you. Disputes over boundaries tends to happen
Wall which is shared with neighbours and
when someone puts up a new fence or
anyone planning on carrying out work to
How you deal with this could have several wall, usually without discussing it, with their
a Party Wall is required by the Party Wall
implications,financially, emotionall
y, andlegall
y neighbour who may rightly or wrongly believe
Act 1996 to obtain their neighbour’s written
if you decide to sell your home in the future, they own the land. It is therefore important
permission. Written permission is also needed
so what is the best way to handle these to establish where the boundary is before you
to carry out other works such as increasing it’s
neighbour disputes? begin any work. Don’t assume that an existing
height, strengthening foundations, and other
fence is in the right place as previous occupants
building works directly to it which could affect
Noise disputes may have come to a different agreement.
the structural integrity of it. You should take
Firstly, try to solve the problem informally and advice from a specialist Party Wall Act surveyor
speak to your neighbours to let them know you Avoiding a boundary dispute
if you are unsure about carrying out any work
are being disturbed. They may not realise they To establish where the boundary is you should
to a Party Wall.
are being noisy, but also ask yourself do you look at the title deeds to your property
have a realistic expectation of noise levels. For which are available from the Land Registry. Disputes with neighbours often start with
example, children playing in a garden on a sunny Boundaries on Land Registry plans only show one issue and escalate. Compromise is often
day is perfectly reasonable. the general position of the boundary and needed on both sides to help avoid and
unless there is a plan with measurements are resolve a dispute with a neighbour. If you plan
If your neighbour rents their property and normally only accurate to + or – 1 metre. on selling your property you have to declare
the noise continues, speak to their landlord Ideally speak to your neighbour to reach an any dispute you have had which could impact
to let them know the issue you are having, agreement. on the future saleability of the property.
as there may be terms in the lease which are
being breached. If you are unable to both agree to this then If you have any concerns about issues with
you could consider seeking the help of a yourneighbours, consult ourteamatGullands
If you want to escalate your complaint further, chartered surveyor and if you both agree for advice and support.
you can try using a mediation service to help to their decision, sign an agreement which a
you to discuss this with your neighbour. solicitor can help draft. The surveyor could also Leroy Bradley can be contacted at
draw a new boundary plan which is submitted l.bradley@gullands.com
www.gullands.com
InBrief 09
Multigenerational living
a guide to a happy household
As average life expectancy and house prices have ree childcare or a live-in carer?
tI im thg eb emusa d tah sa uoy il ev egot eht r uoy iw l la ekat eqlau
both increased over the last 25 years, so too has
resisnop ib il yt for eht rac e fo egnuoy r ihc rdl en ro edlo r relita ev ,s
the number of families who are choosing to live ewoh ev r evo r it em tah im thg rc eaet a rub ed n no emos em ebm rs in
together in a multigenerational household, so how eht esuoh dloh dna el da ot ra emug .stn iD isuc gn la fo eht es ed iat sl in
can you make such an arrangement work without ecnavd – even ohw sklaw eht ,god feeds eht tac ro eod s ehto r rohc es
any disputes? is imrop .tna
Start with the financial details. Mental capacity.
tI is il ek yl tah it iw l eb eht edlo r eg en rait sno in eht faim yl ohw iw l eb isnoC ed r tahw epah sn ot eht ra raegn em tn if eno em ebm r fo eht faim yl
itup gn eht tsom ipac lat inot eht ra raegn em .tn enwO rsih p fo eht eqiu yt in esol s em latn icap yt ihw hc nac ruco ta yna ega . sA ew l sa rp ivo id gn
eht rp epo rty dluohs eb recro ed d gnola iw ht woh yad ot yad esuoh dloh rac e for eht ,m uoy iw l osla en ed ot isnoc ed r woh it ed egot eht r ruoy
exep esn s dna iam etn ecna stoc iw l eb em .t A ed ed dluoc osla eb
rd nwa pu ot recro d eht enwo rsih p fo eht rp epo rty for eahc faim yl
A itsaL gn ewo P r fO rotA en y iw l wola for eht rt isna it no fo ed ic is no
em ebm r, ehto rwies in eht esba ecn fo hcus a emucod tn eht wal dluoc
emusa na eqlau ilps ,t esep ic yla in eht evetn fo a id rov ec .
ew eb-l ing rea.sno
Have an up to date Will.
Have your own space.
evE ry tluda dluohs ev ah na etad-opu iW l ihw hc ed iat sl tahw epah sn
iD isuc gn eht ra raegn em tn in sa hcum ed iat l sa isop elb dluohs eh pl
ot eht ir rahs e fo eht rp epo rty no eht evetn fo eht ir ed ,hta esep ic yla if eht
ot iov a d id rgas eemestn tub it is imrop tna tah everyeno sah eht ir nwo
rap ent sah ehto r ihc rdl en ohw t’nod il ev iw ht eht m tah eht y dluow il ek
ecaps tah eht y nac retreat ot if eht y en ed ep eca dna iuq et. eR eps tc
ot receive a rahs e fo eht rp epo rt. y roF rap enst iw ht ihc rdl en ednu r eht
everyeno s ’ ecaps , esop is ,sno dna feelisgn for a ypah esuoh .dloh
ega fo ,81 it is imrop tna ot iopa tn raug id sna in eht ir iW .l
Alex Astley can be contaed at a.astley@gullands.com
10 InBrief
A huge t h
ank you t
Tunbridge Wells for taking
on the Tu
nbridge W
Gullands
ells Legal
o
Walk 202
Legal Walk 2021
You ha ve raised 1!
£841.2 5
Your fund
raising su
pports fro
that help n
vulnerable tline free legal ad
people in vic
A team from Gullands recently took part in Thank you vital need e services
for suppo .
the 10km Tunbridge Wells Legal Walk 2021 rting acce
ss to justic
e.
and along with friends, guests and others in
the legal profession they helped raise a total of
£10,862 for Citizens Advice Tunbridge Wells.
The Gullands’ teamof 13 individuallyraised £841.25, which
was well above the £400 target and every penny will go
to supporting vulnerable people in the local community,
such as elderly people who are struggling to live
independently, people who live with disabilities and their
carers, homeless people and those living in unacceptable
conditions,victims of trafficking
andthose having toface
employment discrimination.
The London Legal Walks Trust which organised the walk
offers support to over 100 organisations in London and
the south east and helps them to continue providing pro
bono legal advice. Part of the way it is funded is through
donations from those who support the London based and
local south east walks.
Gabriela Alexandru who organised theGullands’ team
comments: “We w ould lik
e tothank everyone who helped
organise the event, participated on the day, and who made
donations to support those less fortunate than them.
Thanks to them more people in the community will now
receive access to legal advice and the help they need.”
Elmer’s Big Heart of Kent Parade success
We have loved the colour and vibrancy around Maidstone Town Centre
provided by the 51 large Elmer sculptures and 31 smaller elephants from the
learning herd this summer, all part of Elmer’s Big Heart of Kent Parade.
Sadly, all good things come to an end and after nine weeks in situ and patiently waiting to
be discovered, theyall gatheredforone finalFarewellWeek end beforebeing auctioned.
This has been a huge success for the Heart of Kent Hospice with over 10,000 eager
explorers downloading the App and collecting 366,000 Elmer sculptures and collectively
walking over 19,000 miles around Maidstone. This will have also provided a boost for
town centre businesses, increasing footfall post lockdown, at a time when businesses
needed it the most.
We were delighted to sponsor Steam Elmer who was placed at the Carriage Museum
andwe lovedreceiving themany entriesintoourSteamElmerselfie competition.
Our four lucky winners were Melanie Banister, Rebecca Slingsby, Marcin Dudkowski and
Keli Wade, who each won a £50 restaurant voucher, again a small boost for some of the
town centre restaurantswhich havehada difficult 18 months.
www.gullands.comInBrief 11
From the left: David Boughton, Steve Taylor, Leroy Bradley, Angela Reed, Richard Filmer, Sasha Kamenetski from HOKH & Linda Harrild from the Air Ambulance
Charity football match raises £2,500
A charity football match sponsored by
Gullands and played on Sunday 18 July at the
Gallagher Stadium, Maidstone, raised £2,500
for the Heart of Kent Hospice and Kent and
Sussex Air Ambulance.
The match was played in memory of the late Maidstone and Mid
Kent Sunday Football League Committee members Mick Filmer and
Ted Towner who sadly passed away earlier this year.
Organiser Richard Filmer comments: “Despiteitbeing thehottest
day of the year we are very grateful to all of the players and
spectators who turned out to watch the game and to remember
Mick and Ted. This was a special tribute to two of our Sunday League
greats who contributed so much to the game at a local level and
inspired many players.”
The match wassponsored by Gullands Solicitors
andpartner Leroy
Bradley comments: “We aredelighted tohave been a par tof such
a fantastic afternoon attheGallagher Stadium.Football teams help
to bring local communities of all ages together and we hope events
like this will inspire the next generation who will go on and play for
their local teams.”
Sasha Kamenetski, Corporate Partnerships Manager at the Heart of
Kent Hospice says: “On behalfof everyone attheHospice , I wantto
say a big “thank you” to the organisers and the sponsors of this great
event. The fantastic amount that was raised once again demonstrates
the generosity of the local community and helps us to provide
support for terminally ill people and their families and carers.”12 InBrief
Staff profile: Georgina
BaileyViticulture
Position: Associate Solicitor in the Commercial Property Department
We were pleased to attend
Time at Gullands: Viticulture on 10th June at
I joined
Gullands
in
February
201. Plumpton College, the first in
person event for many of the
Main responsibilities and duties:
businesses attending and an
Dealing with a wide range of commercial
opportunity to meet friends and
property transactions ranging from land
acquisitions, leases of high street premises to clients from the sector.
larger development transactions.
The growing viticulture sector in Kent is
Why did you decide to pursue a career in the exciting and brings with it many business
legal sector: opportunities and not just for those
directly involved.
Law has always been a subject of interest.
Before deciding to enrol onto my
With this in mind, we are delighted to
undergraduate degree, I would often research
be working with the Maidstone Town
and read up on the current news and changes
enjoyed interacting and talking with people from Centre team and businesses in the town
in law. Studying law gave me the opportunity
all walks of life! It is important to me that I am to organise a wine weekend in 2022,
to feed that interest, it was soon clear that
in a role that is both challenging and engaging. more details to follow soon.
Land Law was my strongest subject, but also
the one I found most interesting.
What changes would you like to see happen
What is the best part of the job: in the law in the next 10-20 years:
The role allows me to build trusting I would like to see mechanisms in place that
relationships with longevity. I can somewhat will streamline the process, making a transaction
become invested intheclient’s goalsandfinding less stressful and more cost and time effective
ways to effectively achieve those goals together, for our clients.
obtaining the client’s trust and proving their
What do you like doing in your spare time:
trust in me is well placed, is truly rewarding.
Living away from my family and friends means
If you were not in this job, what would you I like to spend most of my free time visiting
be doing: them. Otherwise, I always make sure to get
I would most likely be in a public service role in some long walks and swims in the week,
such as a doctor or a teacher. I have always followed by a home cooked meal! My father
was a chef and so I enjoy trying new recipes.
Taste of Kent Awards 2022
We are delighted to sponsor the Taste of Kent Awards 2022 and The
Diversification Award.
The formal launch of the awards will take place advanced much faster than anticipated. To keep
later this year at the Houses of Parliament and up with the speed of change takes great skill
voting for the public will open January-February and ambition of business leaders and we look
2022 and there will be self-nomination forward to hearing more about the entries to
categories for businesses. this award and how their new business model
might provide inspiration for others in the sector.
All businesses need to adapt to survive, and the
last18 months has seensignificant changes for Kent is a county with a rich source of food
many sectors here in the South East with food, and drink entrepreneurs and long may this be
drink and hospitality businesses leading much of encouraged and celebrated.
that change.
Details of how to enter will be announced at
The way we live, work, shop has all changed and https://www.tasteofkentawards.co.uk/
alongside that many technological changes have
16 Mill Street Whitehall Place www.gullands.com This newsletter is intended to
provide a first point of reference
Maidstone 47 The Terrace
Kent Gravesend info@gullands.com for current developments in
various aspects of law. It should
ME15 6XT Kent DA12 2DL not be relied on as a substitute
for professional advice.
01622 689700 01474 887688You can also read
