Nuisance and Neighbour Disputes

/in /by

In an ideal world, everyone would always get on with their neighbours, unfortunately, that is not always the case! Neighbour disputes can arise from a variety of reasons and, if left unresolved, can quickly become stressful and costly. Some of the most common complaints include: –

  • excessive noise,
  • building works,
  • smells,
  • flooding,
  • overhanging trees and
  • other interference with the use and enjoyment of a property.

A “private nuisance” can arise where there is a “substantial and unreasonable interference with a person’s use or enjoyment of their land”. Depending on the facts of the case, a dispute may also involve trespass, negligence or statutory nuisance. In some cases, a claim may be brought in public nuisance where an individual has suffered harm beyond that experienced by the general public.

 

Resolving neighbour disputes

Court proceedings should always be seen as a last resort. Parties are expected to consider whether the dispute can be resolved without litigation, including through alternative dispute resolution (ADR) such as negotiation or mediation. ADR can often help avoid the time and expense associated with court proceedings.

There can also be significant limitations on the costs that can be recovered, particularly in lower-value property disputes. The potential costs of litigation should therefore be considered carefully before proceedings are issued.

Damages (compensation) for nuisance are whatever loss resulted to the claimant as a foreseeable consequence of the wrongful act of the defendant. ‘Pure economic loss’ without any interference with the claimant’s property is usually not recoverable. But financial loss caused by actual interference is.

Where an agreement cannot be reached, litigation may be necessary. However, court proceedings should only be considered after the underlying issues have been investigated and reasonable attempts made to resolve the dispute.

 

Our property litigation solicitors have experience in dealing with neighbour disputes and can advise on nuisance, boundary issues and related property disputes. Please get in touch with our Dispute Resolution Department for specialist advice.

Could a possible new Wills Act make it easier to challenge a will made under pressure?

/in /by

Proposed changes to wills law: could it become easier to challenge a will for undue influence?

Claims that a will was made because of undue influence are notoriously difficult to prove. At present, a person challenging a will must show that the person making the Will (know as the testator) was coerced into making it: in other words, that pressure was applied which overpowered their free will rather than simply persuading them.

This is a high evidential burden. Undue influence often happens behind closed doors, and by the time a will is challenged the person who made it is no longer able to explain what happened. As a result, even suspicious circumstances may not be enough to succeed unless there is clear evidence of coercion.

What is changing?

The Law Commission has recommended reforms designed to modernise wills law in England and Wales. Its final report, Modernising Wills Law, was published in May 2025 and is accompanied by a draft Bill for a new Wills Act. If enacted, this would be a major development: the new legislation would replace the Wills Act 1837, the Victorian statute which still forms the backbone of modern wills law.

Undue influence and disputed wills

One of the proposed reforms concerns testamentary undue influence. The Law Commission recommends that the court should be able to infer that a will was made as a result of undue influence where there are reasonable grounds to suspect it. In deciding whether to draw that inference, the court could consider factors such as the conduct of the person alleged to have exerted influence, whether there was a relationship of influence between that person and the testator, and the circumstances in which the will was made.

This would not mean that every unusual will, or every disappointed beneficiary, would automatically have a claim. However, it could make it easier for genuine concerns about pressure, control or vulnerability to be properly considered by the court.

A wider reform of wills law

The proposed new Wills Act would not only address undue influence. The Law Commission’s recommendations also include changes relating to electronic wills, testamentary capacity, the minimum age for making a will, the rule that marriage or civil partnership revokes a will, and the court’s ability to recognise a person’s true intentions even where formal requirements have not been met.

For now, these are proposed reforms. The draft Bill would need to be enacted before the law changes. However, the direction of travel is clear: wills law may be moving towards a more modern framework that better protects testamentary freedom while also recognising the practical difficulty of proving undue influence.

How we can help

Disputes about wills can be emotionally difficult and legally complex.  We have a solicitor/ partner with specialist knowledge and experience in disputed wills who can advise and act for parties where there are concerns about undue influence, capacity, knowledge and approval, or the validity of a will.

If you are concerned about the circumstances in which a will was made, or if you are an executor/beneficiary defending a will that has been challenged, seeking our advice and input early can make a significant difference. Please contact us to discuss how we can help.

The Risks of Proceeding Without a 10% Deposit on Exchange

/in /by

In a standard property transaction, the buyer is expected to pay a 10% deposit on exchange of contracts. This deposit is not just a formality—it plays a crucial role in protecting the seller and ensuring both parties are committed to the transaction.
However, in some cases, buyers may request to proceed with a reduced deposit—or no deposit at all. While this may seem like a reasonable accommodation to keep a deal moving, it can expose sellers to significant risks.
Here’s what you need to know before agreeing to proceed without the full 10% exchange deposit.
Why the 10% Deposit Matters
The exchange deposit serves two key purposes:
• Security – It provides the seller with financial protection if the buyer fails to complete
• Commitment – It demonstrates that the buyer is serious and financially prepared to proceed
Without it, the balance of risk shifts heavily in favour of the buyer.
What Happens If the Buyer Defaults?
If a buyer fails to complete after exchange, the seller is typically entitled to:
• Retain the deposit
• Potentially pursue further losses
But this protection is significantly weakened if a reduced deposit has been accepted.
The Key Risks for Sellers
1. Limited Financial Protection
If the buyer only pays a small deposit (for example, 5% or less), that is all the seller automatically holds if the buyer pulls out. This may not come close to covering:
• Loss in property value on resale
• Additional legal and agent fees
• Ongoing mortgage and holding costs
2. Difficulty Recovering the Shortfall
Although the contract may still state that 10% is payable, recovering the remaining balance from a defaulting buyer is not always straightforward. It can involve:
• Time-consuming legal action
• Additional costs
• Uncertainty of recovery, especially if the buyer lacks funds
3. Increased Risk of Buyer Withdrawal
A lower deposit can reduce the buyer’s financial commitment, making it easier for them to walk away from the transaction.
4. Chain Vulnerability
If your sale is part of a property chain, a buyer defaulting with little financial consequence can cause the entire chain to collapse—impacting multiple transactions.
Why Do Buyers Request a Reduced Deposit?
Common reasons include:
• Funds tied up in another property
• High loan-to-value mortgages
• Cash flow timing issues
While these may be understandable, they do not reduce the risk to the seller.
Can You Still Proceed Safely?
In some situations, agreeing to a reduced deposit may be necessary to keep a transaction alive—but it should never be done without fully understanding the risks.
Every transaction is different, but one principle remains constant: the exchange deposit is your primary protection as a seller.
Final Thoughts
It can be tempting to agree to a lower deposit to avoid delays or keep a buyer on board—but doing so without proper consideration can leave you exposed if things go wrong.

We can help you prepare your Lasting Powers of Attorney

/in /by

A Lasting Power of Attorney is a legally binding document in England and Wales which lets you appoint one or more Attorneys to help you make decisions. If  you are no longer able to make your own decisions your Attorney may make decisions for you.

There are two different types of Lasting Powers of Attorney – Property & Financial Decisions and Health & Welfare Decisions. You can choose to make one or both.

The Lasting Power of Attorney for Property & Financial Decisions can be used by your Attorneys to manage your bank account, pay bills, collect benefits or sell your home should you need them to.  The document can be used once it has been registered with the Office of the Public Guardian, but only with your permission.  Should you lose mental capacity then your Attorneys can take over completely.

The Lasting Power of Attorney for Health & Welfare can only be used if you have lost mental capacity.  Your Attorneys can make all decisions for you, for example, where you live, your daily routine, medical care and, if you have given them authority to do so within the document, they can consent or refuse life sustaining treatment on your behalf.

Preparing Lasting Powers of Attorney with professional assistance helps ensure your applications meet all the Office of the Public Guardian’s strict requirements. Many LPAs are rejected due to simple but costly mistakes such as incorrect signatures, unclear instructions, or personal details not matching. By guiding you through each step, checking all wording, and ensuring the documents are executed correctly, we greatly reduce the risk of errors and avoid unnecessary delays or rejections by the OPG.

If you would like to know more please contact us on

01799 523441 – Saffron Walden office

01440 702485 – Haverhill office

01223 832939 – Sawston office

Or send an email to [email protected]

What the conveyancing process can really reveal about a property

/in /by

When most people view a property, they’re focused on the obvious things such as the kitchen, the garden, the local schools and whether or not their sofa will fit in the living room. However, it is often only during the conveyancing process that the hidden story of a property begins to emerge.

Many buyers are surprised to discover just how much investigation takes place behind the scenes before contracts are exchanged. Whilst a property may appear perfect on the surface, conveyancing searches and enquiries can reveal issues that even the seller may not have considered.

For example, a routine search might reveal that a charming country cottage is affected by a public footpath crossing part of the land. A dream family home could be situated within a conservation area, meaning future alterations may be subject to additional restrictions.
Then there are the more unusual discoveries. Conveyancers have uncovered properties built over old mine workings, homes affected by historical rights of way and gardens with mains sewers and pipes that prevent future extensions. Some buyers even discover that a section of their property is technically owned by someone else due to a flying freehold arrangement.

Parking can be a source of disappointment. A driveway that appears to belong to a property may not always be included within the legal title. Accessways, shared driveways and allocated parking spaces often require careful investigation to ensure the buyer is acquiring the rights they require.

One of the most valuable aspects of conveyancing is identifying potential issues before they become expensive problems. A buyer who identifies a problem after completion may have limited forms of redress. By contrast, issues identified during the transaction can often be resolved, renegotiated or properly insured against.

The process is not designed to create obstacles but to protect buyers from unwelcome surprises. Whilst it can sometimes feel frustrating when solicitors raise numerous enquiries, those questions are often the reason problems are identified before a buyer is committed
The conveyancing process provides reassurance. It helps ensure that buyers understand the rights the property has the benefit of and the reservations, obligations and restrictions which property is subject to.

At Adams Harrison, we believe informed buyers make confident buyers. Our conveyancing team works to uncover potential issues early, explain complex legal matters clearly and help clients move into their new homes with peace of mind.

What happens to my children when I die?

/in /by

What happens to children under 18 when you die will mainly depend on two things: whether you have named a guardian in a valid Will, and whether another parent with parental responsibility is still alive. If you have named a guardian and there is no surviving parent with parental responsibility, that guardian will usually be able to take responsibility for your children and make important decisions about their care. If both parents die without naming guardians, the court will need to decide who should be appointed. Until then, no one will automatically have parental responsibility for the children.

Parents can name guardians for their children in their Wills. A guardian is someone who is given parental responsibility for a child. In simple terms, this means they can make the kind of important decisions a parent would normally make, such as decisions about where the child lives, their education, medical treatment, and contact with other people.

What happens if I do not appoint a guardian?

If both parents die without naming guardians, only the court can appoint someone. An informal agreement with a friend or relative is not enough to give that person parental responsibility. They would only have parental responsibility if the court appoints them, makes a relevant order, or if they have already acquired parental responsibility in another legal way, for example as a step-parent.

My child has godparents will this be sufficient to ensure that they are cared for?

Godparents have no automatic legal status as guardians under English and Welsh law. Being named as a godparent does not give any legal rights or responsibilities with respect to a child if the parents die. If parents wish their chosen godparents (or anyone else) to have legal responsibility for their children after their deaths, they must formally appoint them as guardians, typically through their Wills.

If you are considering appointing guardians for your children or would like to review your existing arrangements, professional advice can help ensure your children are looked after exactly as you intend.

Book your appointment today by contacting one of our offices:

  • Saffron Walden: 01799 523 441
  • Haverhill: 01440 702 485
  • Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form

What happens when a landlord dies?

/in /by

When a landlord dies, it can leave both tenants and family members unsure about what happens next. The key point is that the tenancy does not automatically end. In most cases, the tenant keeps the same rights and responsibilities, and someone else steps in to manage the property while the landlord’s estate is dealt with.

The tenancy continues

A tenant does not have to leave simply because their landlord has died. The tenancy normally continues on the same terms, including the rent, repair obligations and any other conditions in the tenancy agreement.

Who takes over?

If the property was owned jointly, the surviving owner will usually become responsible for the tenancy straight away. If the landlord owned the property in their sole name, the estate will be dealt with by the executors named in the will, or by administrators if there is no will. These people are often called personal representatives.

Rent and repairs still matter

Rent remains payable, but tenants should make sure they know who is legally entitled to receive it. If there is uncertainty, it is sensible for the tenant to keep the rent safely set aside until clear payment instructions are given. Repairs, safety checks and deposit obligations also continue while the estate is being administered.

Once the personal representatives change the address for service or payment arrangements, they should give the tenants an updated Section 48 address and comply with Section 47, so that rent remains lawfully due and any future notice is valid.

If the property is sold or inherited

If the property is later sold or transferred to a beneficiary, the new owner takes over as landlord. The tenant should be given the new landlord’s name and address, together with clear information about where rent should be paid and where notices should be sent.

Practical steps

  • Landlords should ensure a Will is made to appoint executors that can step in and manage the property.
  • Appointed Executors/Personal representatives should identify themselves clearly and provide written payment instructions.
  • Urgent repairs, insurance and safety requirements should be dealt with promptly.
  • Legal advice should be taken if there is any dispute about authority, rent, possession or sale.

The death of a landlord can be unsettling, but it does not usually change the tenant’s immediate right to remain in the property. Clear communication, proper records and early legal advice can help avoid confusion for everyone involved.

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

Mutual Wills vs Mirror Wills: What’s the Difference?

/in /by

When couples make Wills together, the terms “mirror Wills” and “mutual Wills” are often used interchangeably. In reality, they are very different legal arrangements, and misunderstanding the distinction can have significant consequences for a family’s estate planning.

In practice, most couples who ask for “mutual Wills” actually mean mirror Wills. True mutual Wills are relatively rare because they create a binding agreement that can restrict the surviving partner’s freedom for the rest of their life.

What Are Mirror Wills?

Mirror Wills are two separate Wills containing identical or near-identical provisions. Typically, each partner:

  • Leaves their estate to the other on the first death; and
  • Leaves the estate to the same beneficiaries (usually children) after the second death.

Although the Wills mirror one another, they remain entirely separate documents. Either party can change or revoke their own Will whenever they choose, provided they have the necessary mental capacity.

This flexibility is one of the major reasons mirror Wills are so popular and recommended.

The key drawback is that nothing prevents the survivor from changing their Will after the first death.

What Are Mutual Wills?

Mutual Wills go much further than mirror Wills. A mutual Will arrangement involves a legally binding agreement between two people that neither will change their testamentary wishes without the other doing so, this becomes impossible once the first party to a mutual Will passes away.

The Wills themselves may look similar to mirror Wills, but there is an additional contractual element. Upon the death of the first person, the survivor becomes bound by the agreement and cannot later alter the ultimate destination of the assets.

If the survivor tries to depart from the agreement, the courts may intervene to enforce the original arrangement.

Mutual Wills are typically used where certainty is more important than flexibility. A common example is a blended family.

A mutual Will arrangement can provide protection against this risk by ensuring that the agreed beneficiaries ultimately inherit.

The Importance of Clear Evidence

One of the difficulties with mutual Wills is that the courts require clear evidence that a binding agreement was intended.

The fact that two Wills are identical does not automatically make them mutual.

In England and Wales, the courts generally require convincing evidence that the parties intended to create a legally binding arrangement and not merely matching Wills. For that reason, solicitors drafting genuine mutual Wills usually record the agreement in very clear terms.

The decision between making mutual Wills and mirror Wills is an important one and not one to be made quickly. If you would like to create a new Will with your partner and would like friendly and professional advice as to the advantages and disadvantages of both options that are tailored to your familial and financial circumstances, please contact one of our offices using the details below.

Saffron Walden – 01799 523 441

Sawston – 01223 832 939

Haverhill – 01440 702 485

The risks to Employers of not providing an Employment Contract.

/in /by

In the UK, employers must give employees and workers a written statement of their employment particulars. This is commonly known as a Section 1 Statement and, for most key terms, it must be provided no later than the first day of employment or engagement.

What is a written statement of employment particulars?

A Section 1 Statement sets out the main terms of the working relationship. It is not always the same as a full employment contract, but many employers choose to include the required particulars within a contract because it gives both parties a more complete record of their rights and obligations.

  • certain core terms must be provided in one main document, often called the principal statement;
  • some information can be set out in another document that the employee or worker can reasonably access, such as a staff handbook or policy; and
  • a limited number of further particulars may be provided within two months of the start date.

What are the consequences of not having a Contract?

If an employee or worker brings a successful Employment Tribunal claim and can show that they were not given a compliant written statement, the Tribunal may make an additional award of two to four weeks’ pay, subject to the statutory cap.

The financial penalty may appear modest in an individual case, but the wider consequences can be more significant. Unclear terms can lead to disputes about pay, notice, holidays, benefits, working patterns, post-termination restrictions and confidentiality.

Why is a professionally drafted Contract worth having?

A well-drafted contract does more than satisfy the statutory written statement requirement. It helps set expectations from the beginning, reduces the scope for misunderstanding and gives the employer a stronger basis for managing the relationship if issues arise. It also gives the employer an opportunity to protect the business by including appropriate restrictive covenants, such as provisions dealing with confidentiality, client relationships, staff poaching and competition after employment ends.

For employers, the safest approach is to review employment documentation before a new recruit starts and to ensure that contracts, handbooks and workplace policies work together. If your business has grown, changed working arrangements, or not updated its documents for some time, it may be sensible to review them now rather than wait for a dispute.

If you would like help preparing or reviewing employment documentation, we can advise on your business needs and help ensure they are clear, compliant and commercially practical.

Could you challenge a Will if you have been left out?

/in /by

The High Court decision in McDaniel v Talbot & Anor [2026] EWHC 928 (Ch), handed down on 17 April 2026, shows that being left out of a Will does not always mean you have no claim.

In the case, Emma McDaniel brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 after her father died leaving his estate to his widow under a 2014 Will which specifically excluded her. The Will said: “I DECLARE that I have NOT made any provision in my Will for my son Rhys Winstone whom I have never met nor my daughter Emma Winstone who I last saw about twenty years ago. I do not have contact with either of them.”

Although father and daughter had been estranged for many years, they reconnected in 2019 and developed a close relationship before his death. The court took into account Emma’s financial difficulties, her caring responsibilities, and the changed family circumstances.  The court held that the Will failed to make reasonable financial provision for Emma’s maintenance and made an award for her over £123,000 from the estate.  The claimant was held by the Court to have an income that was just at a subsistence level so that justified her financial need but was not (of itself) the triggering threshold for a payment from the Deceased’s estate. There had to be something else, ie special circumstances rather than mere financial vulnerability.

 

You may have a claim if  you are a child of the person who died, or someone they were supporting financially and:

  • You were left out of a Will, or received far less than expected
  • You are struggling financially or have significant caring responsibilities
  • The relationship had changed since the Will was written
  • The Will no longer reflects what was really happening at the time of death

Every case depends on its own facts, but this decision shows that courts do not just look at the wording of a Will. They also consider needs, family circumstances, and whether there is a fair basis for making provision.

If you believe you have been unfairly left out of a Will, it is important to get advice promptly, as strict time limits can apply to inheritance claims. A clear review of your circumstances can help you understand whether you may be able to bring a claim.  We can provide this so please contact us – [email protected]