Trees

Our house is called The Firs because it has fir trees.

Given the choice I would cut the damn things down and call it Firless but Mrs B likes them.

I think they block the light the roots make the drive (car park bit) buckle and they are very expensive to trim or whatever the correct expression is plus the birds next in the one I park my car under and as a result I have to remove guano on a regular basis.

Anyway at least these are not covered by Tree Preservation Orders which is todays exciting topic.

The TPO regime has been updated on the 6 April by the exceedingly well titled Town and Country Planning (Tree Preservation) (England) regulations 2012.

This is a consolidation set of regulations you could say it cuts out the dead wood. (took me ages to think of that)

So what does it all mean and are there major changes.

An order now provides immediate protection that lasts for 6 months and then long term protection once the Council has confirmed the order having considered objections and representations.

New orders have to be served on those that have the right to prune or fell the trees – others may be served but do not have to be. So a neighbour does not have to be served.

Trees that are dead or dangerous can be exempted from obtaining consent as can dead limbs of a living tree. (This is meant to avoid confusion over whether a tree is dying or not)

You must give 5 working days notice in writing to work on a dead tree (unless it is an “urgent” risk to safety.

If you get consent to do works the work must be done within 2 years.

If you have to replant the Council must include this as a condition.

The compensation framework applies to all orders.

Any work will need specific consent unless one of the exceptions above applies.

That is a simple overview. If you look at it in depth you may not see the woods for the trees.

The practical answer sometimes is have a hurricane it did wonders in 1987.

Our laws have been shaped by public opinion over many centuries. You can trace copyright law back to the Statute of Anne 1710, and it has been evolving ever since.

Copyright laws, love them or hate them, are there for the good of society. Copyright law protects and encourage creative thinking. For example, if an author writes a book, it is only fair that the content of that book is protected so that no one else can simply nick the content and flog it on for their own profit. Society respects the individual for taking the time to write a novel, and allows the author to protect their work and ultimately make a living from it. If we didn’t have such protection, we wouldn’t have authors, artists, films, music, professional photographers and so on.

I undertake some photography work in my spare time, and I also act for a number of picture agencies and professional photographers. Most of my instructions relate to copyright theft – lets not beat around the bush, it is copyright theft, not copyright infringement. A typical instruction would be from a professional photographer who gets an image in the national newspapers, which is then promptly stolen by a whole host of other people who want to use it on their website/blog without paying for it. It is theft. If I leave a bicycle unlocked outside a shop, and someone rides off on it – that is theft. If I put an image on the internet and it is taken by another without consent – that is theft too.

Copyright theftI recently stumbled across a local photography competition on Facebook for a business group in Worthing which had about 15,000 followers. The photography competition was urging followers to submit their favourite photo which showed Worthing at Christmas. The prize for the competition winner was a couple of tickets to the opening of something in Worthing, I forget exactly what. As a keen photographer, I wanted to enter the competition but I missed the deadline as I was, ironically, out with my camera. When I logged back in to check on the competition results, it became clear to me that someone has in fact submitted one of my own images to the competition, and won! They nabbed it off my Flickr account.

When I raised my concerns with the competition organiser and the person who stole my image, I was not met with any sympathy, and the response was along the lines of: ‘she never said it was her photo when she submitted it to the competition’ and; ‘you should be flattered that she took it’! I said I was happy for the image to be used as long as I was given a public credit for it and the prize could be donated to a local children’s charity. Sadly that offer was declined, I have no idea what happened with the prize, and because of the “bad blood”?? the competition organisers didn’t want to use my image. I posted a short thread on the Facebook group about this incident, and the public reaction to my post caught me by surprise. I had a couple of people in support, but the overwhelming majority of public opinion was against me. The public opinion seemed to suggest a real lack of knowledge of copyright laws. Comments included statements like:-

1. If an image is on the internet it is free to use (which is utter rubbish of course)

2. Photographers should be flattered if people nick their images (again – utter rubbish)

3. All I was after was money (rubbish – I didn’t ask for any money, and I wanted to donate the prize to charity)

4. I shouldn’t take any action about the copyright theft

5. The woman who stole my image had done nothing wrong

 It is heartbreaking to see how public perception views copyright laws. The public knows that burning pirate DVD’s and CD’s is wrong, is a criminal offence, and a prison sentence could await them. Sadly, the public do not seem to understand that nicking a photo is wrong too. With the gap between public perception and the law being so wide, it is only a matter of time before something is done about this at parliamentary level. Indeed, there are already proposals to change copyright laws which are not going down too well with photographers.

I don’t think the lack of insight in to copyright laws is the fault of the general public, I think it shows a lack of promotion of copyright laws for people like photographers. If you go and watch a film, we have all seen the big anti piracy signs and adverts at the start of a film – it is all about educating the public. What have photographers done to get across their message on copyright? Not a lot! I am not saying that the photographers are at fault because they are not, but the industry as a whole needs to do something about it because copyright theft is endemic and is showing no signs of fading.

As a photographer I feel it is absolutely crucial to assert your intellectual property rights and pursue anyone who steals your image. Professional photographers really ought to do this to protect their livelihood and pensions (and lets face it, copyright forms part of their pensions). If we do not enforce our intellectual property rights then there is a danger that we will over time devalue our industry and we have already seen a massive cut in rates the national newspapers are paying for images. My message to all professional photographers out there is to stand up and be counted. Uphold and enforce your rights!

Repossessions are sadly still a fact of life and still affect many people. Levels of repossession are down which is good.

We used to do mortgage rescue work with various housing associations which was a good scheme the Government had in place which allowed housing associations to buy the property pay off the lender and the borrower could then rent the property from the housing association.  That scheme has ended in favour of the Newbuy scheme. In my view it is a shame as mortgage rescue did work well and enabled families to stay in their homes.  

I used to enjoy doing these as there was a greater sense of achievement.  The costs were rubbish and we lost money in theory on them all but you actually helped people which was nice.  The first one I did I had to walk 3 wiles through snow to get the documents signed which gave me a warm glow in more ways than one!  They could be stressful for us and the client as the lenders often dragged things out and we had to do simultaneous exchange and completions.

Priority has however shifted possibly because the Government feels that the mortgage pre-action protocol should reduce the number of repossessions.

However it would seem from recent articles that this may not be the case.  http://www.guardian.co.uk/housing-network/2012/may/01/repossessions-reveal-hidden-truth-housing shows that many lenders are not following the protocol.

The protocol states that lenders can only repossess as a last resort. I expect to many lenders that action is still their first step.

Threatening letters and phone calls follow which significantly add to the clients stress and these “tactics” are not allowed although they are often disguised as trying to help.

As a lawyer we do not get involved until normally it is too late and the client has to sell sometimes after the possession order.  Sometimes, if there is no or little or no equity, we have to agree to only repay a specific sum and get the client to sign a “shortfall” agreement.  That is they agree they owe the money and will make some payments over a period of time.  We have even agreed our fees can be payable over time we are not totally heartless.

These agreements vary from lender to lender some are very reasonable (C&G had a good one) and doubtless reflect the lenders more reasonable stance.  Others I think contain many terms that I feel would breach the Unfair Contract Terms Act and of course there is then a question of have they been signed under duress and are possibly void?

I was not aware lenders have to accept (until I read the above article) “The Norden Figure” which is a payment of the arrears divided by the number of months left in the term.  So for 10K over 10 years it is less than £85 which may be affordable.

I do not think Lawyers should be involved in dealing with these issues (for a start our CEOs would go mad at the costs written off) but I do think we need to be aware of these issues and point clients to local authority advisors who can assist or possibly CAB.  

The main lesson for anyone with mortgage problems is do not bury your head in the sand talk to CAB or another expert who does not charge and let them help you.  It may be “humiliating” but it’s a lot better than being homeless.

Flooding

Is your home at risk of flooding?Despite the the recent heavy downpours we are in the middle of a drought. This unseasonally high rainfall has meant that some parts of the UK are suffering from heavy flooding. We have been fortunate that most areas near Sussex have only had minor floods.

As mentioned in previous blog posts on environmental searches; flooding is a risk and a hot topic.

There are 3 main types of flood risk:

  1. Rivers – be it tidal or run off (i.e. the river bursts its banks).
  2. Coastal - being high tides combined with storms. 
  3. Surface water – where rainwater runs away for whatever reason and floods an area of land.

Rivers can be an issue as we see on the news either because the volume of water going into them is too much or and this happens more frequently property has been built on the flood plain. This is an area that was designed to flood normally low lying fields that were of limited value. In Tonbridge there are areas built on flood plains but as there are defences up river it is not an issue.

Coastal is normally not a major issue as where there are issues there are normally flood defences. Sovereign Harbour in Eastbourne is at risk but they have defences and these are well maintained.

Surface water flood is perhaps the biggest worry as it can affect anywhere and is again more prevalent as more and more areas that were grassed are concreted over. Unless rain water has ground it can soak into it will flow away to the lowest point and if you are the lowest point you have a problem.

The Government had a scheme in place with the insurers which meant they would cover properties but this runs out in June 2013 and will not be renewed. The idea was that in the previous 10 years the Government would put in place proper flood defences instead they spent the money on something else (not sure what).

So people in affected areas and in particular those with a higher than 1 in 75 years risk will have problems getting insurance or will get it with high premiums or high excesses. This of course may make the house difficult to sell or mortgage.

Now on a certain level we can say it does not affect us but it might. Firstly surface water risk is difficult to pin to a specific area as the flood can start a long way away so the insurers may play safe and put up premiums in certain areas just to be safe.

Second blighted properties mean there are less houses on the market and we need more houses on the market to help it recover.

Third lenders new responsible lending requirements mean they have to take into account your insurance premiums when deciding to lend. If it is costing £200 a month to insure they may not lend.

Fourth higher insurance and concerns about flooding may affect value meaning people may not be able to afford to move as their equity (as well as the foundations) has been eroded. Again this reduces demand in the market.

What can be done?

Government both local and national must invest in flood defences and/or assist with insurance for blighted property.

Make grants available to home owners for their own defences and encourage insurers to give discounts. Our old Lewes office had covers you could clip over air bricks and doors to keep out water. Sort of condoms for buildings but in reverse.

Planners need to consider the effects of development and in particular surface water disposal and consider excluding certain permitted development that adds to the risk of surface water flooding.

All of these things will help.

If you are buying an environmental search will give basic information and warn if a full flood risk search is sensible.

You should also check with your insurer if there is likely to be an issue based on past history in the area.

Olympic fluWith the Olympics only 85 days away, requests for time off may have already come flooding in, but the problematic possibility of an inflated sickness rate remains. It’s an unfortunate fact that sickness absence in the workplace often increases when large sporting events are televised during work time. 

A few potential reasons spring to mind:

  • Individuals who have genuinely had a minor illness, find their enthusiasm to swiftly return to work impeded by a desire to stay home and watch televised coverage; and 
  • Some of those who have been given a last minute ticket, forgotten to request leave or simply been refused time off for an event decide to “pull a sickie”.   

Suspicion that an employee has taken sickness absence without proper reason is a tricky matter to handle, so here are some tips:

  1. A well drafted sickness absence policy should, amongst other things, cover the process for investigating any absence that is suspected to be disingenuous. The policy should deal clearly with the consequences of false claims. You can cross refer this with your disciplinary policy if you wish. 
  2. Communicate your absence policy to all managers and staff in advance of the big events like the Olympics. It is crucial that policies are followed consistently across an organisation.
  3. Investigate! If you have suspicions that someone has falsely called in sick, do your research. This comes under your disciplinary procedure, rather than the one mentioned above regarding sickness absence. Some cases are going to be simpler than others. The employee who claimed 24 hour flu, but later posts pictures of cheering on the men’s 100m final on Facebook, is an easy one to pin down. Others may be more difficult and a return to work investigatory meeting with them to discuss the absence can be a good starting point. Be careful that you do no single out specific employees, but aim to treat everyone the same. 
  4. Handle it appropriately. If you discover that an employee has falsely taken sickness absence, implement your disciplinary process. 
  5. Consider alternative ways to avoid employees resorting to calling in sick. You may want to consider flexible working, or allow unpaid leave. Some businesses with appropriate facilities may consider having lunch time screenings of major events.

I thought for my younger readers I would give you an insight into communication when I first started – 32 years ago and how we communicate now.

Now when I started we had moved on from quills and inkwells (just). However most of our work was done by typists using manual typewriters bashing (quite literally in the case of Ms Barefield) out letters. Carbons were literally carbon copies.

I had to learn whole paragraphs of text and dictate them time and time again in fact I can still do some of these paragraphs from memory.

Leases were produced on 4 sided paper so you had to type it out so the pages followed using inserts one mistake and you started again. Copy typing had to be checked for errors there was no spell check or grammar check other than Ms Barefield who would hall you over the coals for any minor indiscretion.

Urgent letters would be sent by the new fangled fax machine.

Copies were done 1 page at a time on a domed copier so the distortion of the drum disappeared and it became a flat image.

Forms had to be typed with carbon copies and if you loaded them wrong the carbon would not work or came out on the top copy.

We used to have stick on seals and green tape to make documents look nice. (In theory then a client signing the transfer was meant to put his finger on the seal and say he signed sealed and delivered the deed.)

Then we got 2 major inventions – a memory type writer that held several paragraphs of text you put in a code and it would chug out a paragraph or two – slower than Ms Barefield could type but it was not as scary as she was.

Second a word processor. This had to be programmed by punching cards and then you fed in the card and it produced something. By the time you had done the card tried it corrected it etc Ms Barefield could have typed it 10 times over so it was not that good.

Slowly we got typewriters with bigger memory and then word processors that worked a bit like PCs do now.

In those days you could send off a letter and have at least a week before you got a reply. These days replies are often same day.

When I left school my mate doing computer studies had spent an entire year getting a dot to land on a line this represented the luna module landing on the moon. I never thought I would need a computer to do my job.

The web did not exist then. Can you imagine before google you had to look stuff up in books!

As time progressed we got bigger and better machines and then we got PCs and then they got net worked and then we got email and could do things in real time almost. Then there was the text messaging and PDFs and proper document and case management.

Today there is a lot more paper as always seems to be the case when you get computers involved. However we try and reduce it by using PDFs and storing documents electronically.

If we get searches in we email the results to the client which saves a lot of copies and postage as well as being quicker.

We do not do searches on the web they take us too long to complete but when we can do HTML exporting of data from our systems to the search providers.

We email clients and agents updates as certain key stages are reached this saves time and keeps everyone informed of progress.

Given we can do all these things quickly you may well be with some justification wondering why it takes so long. The answer is fairly simple.

  1. Chains for every link in a chain the potential for delays increases
  2. Lenders it takes normally several weeks to get a mortgage and then we have to do a report and wait for the lender to reply. Most lenders are incapable or replying within a week. They have computers but they tend to say ‘no’ and can not or will not receive or send emails.
  3. Getting information from third parties – again this is lender led we have to have information and it can take an age to get replies to management information from a landlords agent.

I helped to man (woman? person?) the Mayo Wynne Baxter stall at a Wedding Fair held at the Amex Community Stadium in Falmer on Sunday 29 April, with colleagues from the Probate, Trusts & Wills and Family Departments.

It was surprising how many people stopped to look at our banners and asked whether we were there to offer divorce advice – how pessimistic!

Obviously, we do assist clients in divorce proceedings and mediation, but the real purpose of our presence at a fair promoting all sorts of services in relation to planning a wedding was to remind people of the legal matters that need to be considered when you get married or form a civil partnership (and all references to “marriage” hereafter include forming a civil partnership).

For example, did you know that if you already have a Will, it is very likely to be revoked by your marriage, unless it was specifically written to take that into account? If your Will is so revoked, that would then mean that if some dreadful accident befell you on your honeymoon you would die intestate and your surviving spouse or civil partner does not necessarily inherit your entire estate when the laws of intestacy come into effect. Alternatively, you may not actually want them to take everything, especially if it is your second marriage, in which case – without a valid and up to date Will – you will have no say as to who gets what, and who administers your estate.

You should therefore ensure that you both either make arrangements to update your Wills before your wedding and ensure that the lawyer advising you is aware of the forthcoming event so it is taken into account, or see a lawyer as soon as possible after the ceremony.

We also prepare pre-nuptial agreements for couples intending to marry (and post-nuptial agreements for those already married) who want to make sure that should things not work out, they have already agreed what assets belong to whom and how things are to be divided or retained. Case law suggests that pre-nups should be completed a certain period before the actual marriage takes place and so you should start the ball rolling with your legal adviser well in advance.

Marriage may also lead to joint property purchases and our Property Department are always happy to advise on the best way forward. This may also affect the devolution of your estate which could lead to further changes to your Wills.

I know these matters are nowhere near as exciting as cakes, dresses and flowers, but they are just as important and should be given a place high up your “to-do” list when planning the big day.

New Buy

The NewBuy Scheme (see http://www.mayowynnebaxter.co.uk/blog/government-aid-to-first-time-buyers/) has been amended so it can assist people who want to sell and move up the ladder.

Whilst not brilliant, for the reasons stated in my earlier blog - i.e. the money disappears into developers pockets rather than moving into the general market,  it may help sellers who are unable to either raise the deposit lenders now need or have little equity available to move up the ladder.  This may free up more houses for first time buyers to buy which is also good.

The more property available then I think the more people will perceive a revival in the market and that will lead to increased activity.

What would be better still is if the scheme applied to any property as then the “boxed in” sellers would stimulate the whole market and the tax income received could then go to new builds.

All this could do is shift the boxed in sellers up one level of the property ladder.

 

Time will tell.

Emma AndrewsDwindling confidence plays havoc with the human basic instincts. The Daily Mail carried a feature this week, about consumers cheating at checkouts, allegedly a third of us admit to this, and to me it is a sad symptom of a nation of people who are gripped with fear about the precarious economic climate.   

Fear sadness, guilt and anger, being basic human emotions, can hold many of us back in life and are both nature and nurture within all of us.

As young children for example, if our Mother  was frightened of spiders, then there is a good chance that so will you, or one of your siblings be. 

If you had an angry father, then you are likely to have similar tendencies to fly off the handle, unless you are conscious about this particular trait, and you may have, perhaps through harrowing childhood experiences, at the mercy of an angry parental outburst, made positive steps to address what may be considered as a weak gene?

With economic restraint, fuelling human fear and enhancing the other basic human emotions, what tends to happen is that we revert to childlike behaviour: leaving the house ten minutes earlier so that you beat your colleague to the best parking space outside your office, pondering over your inbox so as to avoid your turn in team tea making duties and so on. 

Time management is affected too, not helped by the multi hat wearing expectations lain upon you by your overstressed boss; the need to meet sales targets with fewer personnel to help you, noticing that you simply do not have enough hours in the day to return calls, or answer emails.

The hard economy ripples over us all and can be all consuming but with some small attitude tweaks, we can replenish our energy levels, which in themselves are perhaps the most damaging crosses we have to bare; drained energy leading to apathy, result: poor productivity both at work and home.

Start by siphoning those inner child qualities within you and draw upon the endearing qualities you had and still have when you were a child and the abundant sense of energy which is so empowering. 

Do you remember sharing your packed lunch with Susan, the little girl with her sun kissed cheeks? The little girl who’s Mother regularly forgot to pack her sandwiches. How your kindness energised you and enhanced your sense of wellbeing?  

Perhaps you remember Ben, the fantastic footballer at your local club. You felt sorry for him because he never did have the correct gear; you lent him yours often enough, because you admired his talent, his great humour and yet felt for him because his parents were so neglectful and his spirit drive and energy, shone over your whole team, fuelling you all with hope and possibility, uniting you in such a positively infectious way, that in 1989 your team represented your county! 

Take ten minutes in your lunch break and reflect on your childhood memories, good or bad, focus on an event which fuelled you with energy, recall how positively people responded to its outcome then use that energy supply to gently shift your attitude in the week ahead.

I for instance was born with cerebral palsy and am so lucky that it’s mild, only affecting my right hand side. My childhood was difficult yet I found pleasure in talking to my pets and making up stories to read my siblings. I suppose in my case I drew comfort from fantasying because in real life, my childhood was challenging. I was also a victim of bullying and believe me; its affects are long lasting.

With my purpose being to help primary school children be kind to one another, I’ve written a book drawn from my own energy, the flight and fight attitude I learnt through my experiences as a frightened little girl, subjected to daily taunts, and from small acorns who knows, perhaps it will engage children, parents and teachers alike and help to educate them in the important anti- bullying message. 

Emma Andrews www.dillysdog.co.uk    www.thebusinesspromoter.co.uk

Over recent days there have been various articles in papers and  online saying that 8 million people shun the property market or something along those lines.

Most of the information seems to come from a survey on moneysupermarket. Personally I prefer the meerkat one mainly because the adverts are very good (if they read this I would quite like a free Serge as then when our computers go wrong I can throw something at him). Mrs B has noticed this so I get meerkat birthday cards now.

They say that 41% of adults without a home are putting off buying their home at the moment and that that is 8 million people.

Now forgive me for questioning this but I did do statistics at O level (and passed) and I know that they are extrapolating the figure based upon a much much smaller survey size. So what they really mean is that 41% of those who took part in the survey are putting it off.

Now I have no idea how small the sample was but I doubt it was that large most surveys are 1,000 -2,000 people and the higher you extrapolate the higher the margin of error that can appear.

For something like that the variation must be IIRC (text speak) 50 to 70% ie the figure could be between 2.4 Million and 8 Million.

However the figure looks good in the headlines.

What is undoubtedly true is the information contained in the commentary that

“The number of mortgage products available to first-time buyers currently stands at just 1337, a drop of 187 products since this time last year.

Prior to the credit crunch there were 14,940 available in July 2007; underlining how conditions have changed for those trying to get onto the property ladder.”

What again has to be questioned is the assertion that because the average loan to value ratio is 78% a first time buyer needs £33K to put down on £150K property. That only works if the figures used are not distorted by any lender wanting for example 50%. Also does it take into account payments under the Newbuy scheme?

True first time buyers do need a larger deposit than for many years but not £33K.

However good news:

“the number of mortgages available for those with only a 10% deposit is currently 209, up 20% on 2011, and the average interest rate for these mortgages has dropped by 1.14% since April 2009.”