Legal newsletter for the Agriculture Sector including articles on permitted development rights available for agricultural buildings, Estate planning for the agricultural sector and a Health and Safety Executive spotlight on the agricultural sector.
The IRS document provides 10 tips for individuals selling their home regarding tax implications. It outlines that homeowners can exclude up to $250,000 of capital gains from income if the home was a primary residence for two of the past five years. It also notes that gains from additional homes are taxable and the first-time homebuyer credit may need to be repaid if the home is no longer a primary residence within 36 months of purchase. Forms and publications referenced provide worksheets and guidance to calculate exclusions, gains/losses, and credit repayment.
REIA News May 2015 - Budget Issue
The May issue of REIA News has just be released.
In this issue:
• Detailed Budget Analysis for the Real Estate Sector
• Are falling home ownership levels reversible?
• In the company of strangers
• What the new foreign investment rules mean for you
• Time for action on housing affordability
Best Regards
Linda & Carlos Debello
“Your Local Sales & Property Management Specialist”
LJ Gilland Real Estate Pty Ltd (http://www.ljgrealestate.com.au)
PO BOX 19
ZILLMERE 4034
(07) 3263 6085
0400 833 800 (Mob 1)
0413 560 808 (Mob 2)
0409 995 578 (Linda)
http://www.facebook.com/ljgrealestate & Find Us on Google+
http://www.ljgrealestate.com.au/index.php?lan=ch
Confidential email:- The information in this message is intended for the recipient name on this email. If you are not the recipient please do not read, copy distribute or act upon the message as the information it contains may be privileged. If you have received this message in error, please notify the writer by return email. Thank you very much for your assistance in this matter and your co-operation
Mercer & Hole Property Plus - January 2015TIAG_Alliance
Published by Mercer & Hole - TIAG Member in London, England
These articles give an overview of some of the property issues that we are typically dealing with. These range from commercial property investment, to families buying property for their children to occupy, a second home investment, maybe a buy to let or a wealthy non UK domiciled individual acquiring a home or investment in the UK.
02: Buying property for children
03: Capital allowances in commercial property
04: Commercial property investment
05: VAT on student accommodation: 1 April 2015 changes
06: Non UK domiciliaries owning UK property
07: UK residential property – buy to let 08: Residential service charge accounts
- Welltower announced $3.3 billion in pro rata outpatient medical acquisitions closed and announced year-to-date at a blended yield of 5.6% including several major transactions.
- Notable transactions include the $787 million Hammes II portfolio acquisition, an $850 million joint venture with Invesco Real Estate, and $885 million of additional OM properties under contract.
- The transactions further Welltower's strategic focus on outpatient medical and health system relationships which now comprise over 30% of its portfolio.
The World Circular Economy Forum presents the world’s best circular economy solutions and gathers together the most recognised experts and decision makers in the field. The event is organised by the Finnish Innovation Fund Sitra. Read more: www.wcef2019.com
QTS Realty Trust held an earnings presentation on July 30, 2019 to review its second quarter 2019 results. The presentation included information on QTS' strong leasing activity in Q2 2019, its focus on the federal vertical market, its differentiated approach to the hyperscale business including a joint venture, its financial results and guidance, and its international expansion through acquisitions in the Netherlands. The presentation also provided an appendix with reconciliations of non-GAAP financial measures to GAAP measures.
The document discusses real estate, including its definition as land and permanent improvements attached to the land. It notes real estate is a form of real property that differs from personal property. It then lists advantages like being a hedge against inflation and providing periodic income when leased. Disadvantages include requiring years to realize profit and being difficult to transfer. Finally, it discusses factors to consider when acquiring real estate like property location, valuation, investment purpose and horizon, expected cash flows, and title/ownership issues.
- The document provides an update on Welltower's financial performance in the third quarter of 2018, including increasing normalized 2018 FFO guidance and successfully completing over $2.1 billion in health system and outpatient medical investments.
- It highlights Welltower's strong unsecured debt covenant compliance, balanced and manageable debt maturity profile, and notable transactions including a transformational joint venture and portfolio restructurings.
- Financial disclosures are provided defining non-GAAP financial measures such as NOI, IPNOI, and FFO that are used to evaluate performance.
The IRS document provides 10 tips for individuals selling their home regarding tax implications. It outlines that homeowners can exclude up to $250,000 of capital gains from income if the home was a primary residence for two of the past five years. It also notes that gains from additional homes are taxable and the first-time homebuyer credit may need to be repaid if the home is no longer a primary residence within 36 months of purchase. Forms and publications referenced provide worksheets and guidance to calculate exclusions, gains/losses, and credit repayment.
REIA News May 2015 - Budget Issue
The May issue of REIA News has just be released.
In this issue:
• Detailed Budget Analysis for the Real Estate Sector
• Are falling home ownership levels reversible?
• In the company of strangers
• What the new foreign investment rules mean for you
• Time for action on housing affordability
Best Regards
Linda & Carlos Debello
“Your Local Sales & Property Management Specialist”
LJ Gilland Real Estate Pty Ltd (http://www.ljgrealestate.com.au)
PO BOX 19
ZILLMERE 4034
(07) 3263 6085
0400 833 800 (Mob 1)
0413 560 808 (Mob 2)
0409 995 578 (Linda)
http://www.facebook.com/ljgrealestate & Find Us on Google+
http://www.ljgrealestate.com.au/index.php?lan=ch
Confidential email:- The information in this message is intended for the recipient name on this email. If you are not the recipient please do not read, copy distribute or act upon the message as the information it contains may be privileged. If you have received this message in error, please notify the writer by return email. Thank you very much for your assistance in this matter and your co-operation
Mercer & Hole Property Plus - January 2015TIAG_Alliance
Published by Mercer & Hole - TIAG Member in London, England
These articles give an overview of some of the property issues that we are typically dealing with. These range from commercial property investment, to families buying property for their children to occupy, a second home investment, maybe a buy to let or a wealthy non UK domiciled individual acquiring a home or investment in the UK.
02: Buying property for children
03: Capital allowances in commercial property
04: Commercial property investment
05: VAT on student accommodation: 1 April 2015 changes
06: Non UK domiciliaries owning UK property
07: UK residential property – buy to let 08: Residential service charge accounts
- Welltower announced $3.3 billion in pro rata outpatient medical acquisitions closed and announced year-to-date at a blended yield of 5.6% including several major transactions.
- Notable transactions include the $787 million Hammes II portfolio acquisition, an $850 million joint venture with Invesco Real Estate, and $885 million of additional OM properties under contract.
- The transactions further Welltower's strategic focus on outpatient medical and health system relationships which now comprise over 30% of its portfolio.
The World Circular Economy Forum presents the world’s best circular economy solutions and gathers together the most recognised experts and decision makers in the field. The event is organised by the Finnish Innovation Fund Sitra. Read more: www.wcef2019.com
QTS Realty Trust held an earnings presentation on July 30, 2019 to review its second quarter 2019 results. The presentation included information on QTS' strong leasing activity in Q2 2019, its focus on the federal vertical market, its differentiated approach to the hyperscale business including a joint venture, its financial results and guidance, and its international expansion through acquisitions in the Netherlands. The presentation also provided an appendix with reconciliations of non-GAAP financial measures to GAAP measures.
The document discusses real estate, including its definition as land and permanent improvements attached to the land. It notes real estate is a form of real property that differs from personal property. It then lists advantages like being a hedge against inflation and providing periodic income when leased. Disadvantages include requiring years to realize profit and being difficult to transfer. Finally, it discusses factors to consider when acquiring real estate like property location, valuation, investment purpose and horizon, expected cash flows, and title/ownership issues.
- The document provides an update on Welltower's financial performance in the third quarter of 2018, including increasing normalized 2018 FFO guidance and successfully completing over $2.1 billion in health system and outpatient medical investments.
- It highlights Welltower's strong unsecured debt covenant compliance, balanced and manageable debt maturity profile, and notable transactions including a transformational joint venture and portfolio restructurings.
- Financial disclosures are provided defining non-GAAP financial measures such as NOI, IPNOI, and FFO that are used to evaluate performance.
In this month’s edition:
• Hilary Wrenn looks at planning issues in relation to development in the green belt
• Craig Elder picks up on his recent shared services seminar and gives a real insight into issues for those considering shared services
• Anja Beriro looks at another interesting case on the Teckal exemption
• Vicki Hair from our charities team looks at charitable conflicts of interest which will be incredibly useful for those public sector bodies looking at alternative delivery models which are increasingly including charitable bodies
• Neil Walker has provided two articles this month, one looking at a recent case on break clauses and another on village greens and the difference between 'as of' right and 'by' right.
• Finally, Iain Patterson from our employment team provides a look at results of the living wage commission’s 12 month enquiry
Residential vs non-residential land Purchasing a developed home is very different from investing in land. The type of land you invest in, however, has a significant impact on your return on investment. Which offers a higher return on investment, residential or non-residential land? is one of the most commonly ask questions by all investors
This document contains statistics on agricultural land conversion in Illinois from 1997-2007. It shows that during this period, over 663,900 acres of agricultural land and 442,800 acres of prime agricultural land were converted to developed land. Additionally, over 808,900 acres of rural land were converted to developed land. The rapid loss of farmland poses challenges to the preservation of agricultural lands.
- The occupancy rate of Welltower's seniors housing operating portfolio declined approximately 150 basis points during 3Q2020 to 78.4%, in line with expectations of a 125-175 basis point decline.
- Same store net operating income for the portfolio declined 27.3% year-over-year in 3Q2020, moderating to a 1.1% decline from 2Q2020.
- Through October 23rd, the portfolio's occupancy had declined approximately 30 additional basis points.
- The occupancy rate of Welltower's seniors housing operating portfolio declined approximately 150 basis points during 3Q2020 to 78.4%, in line with expectations of a 125-175 basis point decline.
- Same store net operating income for the portfolio declined 27.3% year-over-year in 3Q2020, moderating to a 1.1% decline from 2Q2020.
- Through October 23rd, the portfolio's occupancy had declined approximately 30 additional basis points.
The Ontario government announced measures to address challenges in the overheating housing market, including initiatives to cool demand, boost supply, and expand rent control. Demand cooling measures include a 15% tax on non-resident home buyers and preventing pre-construction property flipping. Supply boosting measures aim to increase development through incentives for purpose-built rentals and leveraging provincial assets. Expanded rent control applies to all renters, including units built after 1991, but may have unintended consequences of reducing rental supply if it discourages investment.
This document discusses planning for health care costs in retirement. It outlines that retirees need significant savings to cover health care expenses - $116,000 for men and $131,000 for women is recommended. Health care costs can be divided into recurring costs like doctor visits and prescription drugs, which average $1,885 annually, and non-recurring costs like hospital stays that increase with age. Proper retirement planning requires considering total expected costs like health premiums, taxes, and debt payments in addition to direct health care expenses.
This document provides an overview of the mortgage broker business environment in Canada. It discusses Canada's economy and real estate sector, factors influencing the housing supply and demand, and government policies and incentives related to real estate. The document also acknowledges the guidance provided by the author's professors and institution in completing the project.
Robson Hayes Legal Risks Associated with Will and Estate PlanningRobson Hayes
Do you feel you are at risk by keeping your wills and estate planning at delay? Have a look at this presentation shared by Probate WA Lawyer explaining the risks associated with wills and estate planning. Source: http://www.robsonhayes.com.au/the-risks-of-putting-off-your-will-and-estate-planning-until-its-too-late/
This document discusses financing options for affordable housing projects in Mukuru, Kenya. It presents 6 housing development plans with estimated costs and incomes needed to qualify for mortgages. Even with favorable interest rates, only a few plans would be affordable to 50% of residents based on their income. The document suggests bridging the financing gap through partnerships between residents, government, investors and service providers. It proposes lobbying for better policies, leveraging high land value, innovative financing, and building community savings to increase housing accessibility.
The document discusses rules around claiming the main residence exemption for capital gains tax (CGT) when building a new home. Specifically:
1) There is a "building concession" that allows a property to be treated as a main residence during construction of a home, even if uninhabitable. This can apply for up to 4 years after acquiring the land.
2) If construction takes longer than 4 years, a partial CGT exemption can still apply to the excess period.
3) The rules also apply if an existing home is destroyed (e.g. by fire or flood) and a new home is being built, to preserve the main residence exemption during construction.
4) Vacant
- The document recommends that the Board of Supervisors direct the Administration to report back on an ordinance to create an Urban Agriculture Incentive Zone in Santa Clara County as authorized by state law. This would provide a property tax reduction to encourage urban farming on vacant land.
- There are approximately 91 parcels in unincorporated San Jose that could be eligible for this designation. It is estimated the maximum potential property tax revenue loss to local governments over 5 years would be $762,000, though likely less since not all parcels would participate.
- Supporters argue this would promote local food production, community benefits from urban farms, and help non-profits and landowners with associated costs.
This document discusses the need for more housing delivery in Britain and proposes some potential solutions. It highlights that collaboration between the public and private sectors, enabling more suitable development through planning reforms, and recognizing different housing tenures like build-to-rent in planning are important steps. A key idea is that the planning system needs to properly support and incentivize build-to-rent housing, which could significantly increase delivery and improve rental standards. Collaboration between local councils and other groups is also emphasized as important to unlocking more supply.
For many corporate occupiers, commercial property constitutes one of their largest operational assets. With a desire to improve shareholder value and efficiency and to refocus on core business, the continued necessity to
retain such assets on the balance sheet is now under challenge. Changes in accountancy practice and a desire to maintain flexibility are, however making the choices ever more complicated.
This paper examines the current options available for corporate users seeking to extract value from their property assets.
This business plan proposes developing affordable seniors housing villages with modular cottages. Each village would have 20-25 single or dual occupancy cottages located near amenities. The cottages could be rented, leased, or purchased. Financial projections estimate each village would cost $3.5M to develop and generate $3.7M in sales. Marketing would target local active seniors and downsizing couples. The plan seeks municipal land, individual purchases, and interim financing to fund infrastructure and construction.
This document provides an overview of tax planning ideas for private clients, business owners, UK resident non-domiciled individuals, and how the professional services firm RSM can help. For private clients, it discusses tax planning opportunities related to allowances, inheritance tax, business and agricultural property relief, pensions, tax efficient investments, investment wrappers, supporting children or grandchildren, UK residence status, and residential property owned by individuals or corporates. For business owners, it covers business profits, cash extraction, entrepreneurs' relief, and partnership structures. For non-doms, it addresses domicile status, remittance basis, business investment relief, offshore trusts, and deemed domicile.
QTS Realty Trust reported earnings results for the fourth quarter of 2019. Key highlights included:
- Signed new and modified leases totaling $27.7 million in incremental annualized rent, the strongest leasing quarter in company history.
- Commenced construction on a new 250+ megawatt data center campus in Hillsboro, Oregon, with initial development delivering in mid-2020.
- Provided full year 2020 guidance with 10-12% revenue and adjusted EBITDA growth expected over 2019 results.
- Maintains a strong balance sheet with $220 million in available undrawn equity proceeds and extended credit facilities.
The City of Williamsburg owns over 1,000 acres of land along Waller Mill Reservoir that were purchased as a buffer to protect the reservoir. The properties are zoned for low-density single-family homes, agriculture, conservation, and other uses. Using the existing zoning, approximately 35 single-family homes could be constructed without threatening the reservoir's water quality.
The document provides guidance for schools on managing relationships with connected non-charity organizations, such as trading subsidiaries. It summarizes key points from a Charity Commission guidance publication on this topic. The Charity Commission guidance stresses the importance of trustees understanding the non-charitable organization's business and managing the relationship effectively to avoid risks to the charity. Trustees must also ensure conflicts of interest are avoided and the charity and non-charity remain distinct entities. Academies are advised to familiarize themselves with the full Charity Commission guidance.
Rollits' Planning & Property Development Newsletter Autumn 2019Pat Coyle
Legal newsletter for the planning & property development sector including articles on town & village greens, overage agreements and Permitted Development Rights
More Related Content
Similar to Rollits Agricultural Law Update July 2018
In this month’s edition:
• Hilary Wrenn looks at planning issues in relation to development in the green belt
• Craig Elder picks up on his recent shared services seminar and gives a real insight into issues for those considering shared services
• Anja Beriro looks at another interesting case on the Teckal exemption
• Vicki Hair from our charities team looks at charitable conflicts of interest which will be incredibly useful for those public sector bodies looking at alternative delivery models which are increasingly including charitable bodies
• Neil Walker has provided two articles this month, one looking at a recent case on break clauses and another on village greens and the difference between 'as of' right and 'by' right.
• Finally, Iain Patterson from our employment team provides a look at results of the living wage commission’s 12 month enquiry
Residential vs non-residential land Purchasing a developed home is very different from investing in land. The type of land you invest in, however, has a significant impact on your return on investment. Which offers a higher return on investment, residential or non-residential land? is one of the most commonly ask questions by all investors
This document contains statistics on agricultural land conversion in Illinois from 1997-2007. It shows that during this period, over 663,900 acres of agricultural land and 442,800 acres of prime agricultural land were converted to developed land. Additionally, over 808,900 acres of rural land were converted to developed land. The rapid loss of farmland poses challenges to the preservation of agricultural lands.
- The occupancy rate of Welltower's seniors housing operating portfolio declined approximately 150 basis points during 3Q2020 to 78.4%, in line with expectations of a 125-175 basis point decline.
- Same store net operating income for the portfolio declined 27.3% year-over-year in 3Q2020, moderating to a 1.1% decline from 2Q2020.
- Through October 23rd, the portfolio's occupancy had declined approximately 30 additional basis points.
- The occupancy rate of Welltower's seniors housing operating portfolio declined approximately 150 basis points during 3Q2020 to 78.4%, in line with expectations of a 125-175 basis point decline.
- Same store net operating income for the portfolio declined 27.3% year-over-year in 3Q2020, moderating to a 1.1% decline from 2Q2020.
- Through October 23rd, the portfolio's occupancy had declined approximately 30 additional basis points.
The Ontario government announced measures to address challenges in the overheating housing market, including initiatives to cool demand, boost supply, and expand rent control. Demand cooling measures include a 15% tax on non-resident home buyers and preventing pre-construction property flipping. Supply boosting measures aim to increase development through incentives for purpose-built rentals and leveraging provincial assets. Expanded rent control applies to all renters, including units built after 1991, but may have unintended consequences of reducing rental supply if it discourages investment.
This document discusses planning for health care costs in retirement. It outlines that retirees need significant savings to cover health care expenses - $116,000 for men and $131,000 for women is recommended. Health care costs can be divided into recurring costs like doctor visits and prescription drugs, which average $1,885 annually, and non-recurring costs like hospital stays that increase with age. Proper retirement planning requires considering total expected costs like health premiums, taxes, and debt payments in addition to direct health care expenses.
This document provides an overview of the mortgage broker business environment in Canada. It discusses Canada's economy and real estate sector, factors influencing the housing supply and demand, and government policies and incentives related to real estate. The document also acknowledges the guidance provided by the author's professors and institution in completing the project.
Robson Hayes Legal Risks Associated with Will and Estate PlanningRobson Hayes
Do you feel you are at risk by keeping your wills and estate planning at delay? Have a look at this presentation shared by Probate WA Lawyer explaining the risks associated with wills and estate planning. Source: http://www.robsonhayes.com.au/the-risks-of-putting-off-your-will-and-estate-planning-until-its-too-late/
This document discusses financing options for affordable housing projects in Mukuru, Kenya. It presents 6 housing development plans with estimated costs and incomes needed to qualify for mortgages. Even with favorable interest rates, only a few plans would be affordable to 50% of residents based on their income. The document suggests bridging the financing gap through partnerships between residents, government, investors and service providers. It proposes lobbying for better policies, leveraging high land value, innovative financing, and building community savings to increase housing accessibility.
The document discusses rules around claiming the main residence exemption for capital gains tax (CGT) when building a new home. Specifically:
1) There is a "building concession" that allows a property to be treated as a main residence during construction of a home, even if uninhabitable. This can apply for up to 4 years after acquiring the land.
2) If construction takes longer than 4 years, a partial CGT exemption can still apply to the excess period.
3) The rules also apply if an existing home is destroyed (e.g. by fire or flood) and a new home is being built, to preserve the main residence exemption during construction.
4) Vacant
- The document recommends that the Board of Supervisors direct the Administration to report back on an ordinance to create an Urban Agriculture Incentive Zone in Santa Clara County as authorized by state law. This would provide a property tax reduction to encourage urban farming on vacant land.
- There are approximately 91 parcels in unincorporated San Jose that could be eligible for this designation. It is estimated the maximum potential property tax revenue loss to local governments over 5 years would be $762,000, though likely less since not all parcels would participate.
- Supporters argue this would promote local food production, community benefits from urban farms, and help non-profits and landowners with associated costs.
This document discusses the need for more housing delivery in Britain and proposes some potential solutions. It highlights that collaboration between the public and private sectors, enabling more suitable development through planning reforms, and recognizing different housing tenures like build-to-rent in planning are important steps. A key idea is that the planning system needs to properly support and incentivize build-to-rent housing, which could significantly increase delivery and improve rental standards. Collaboration between local councils and other groups is also emphasized as important to unlocking more supply.
For many corporate occupiers, commercial property constitutes one of their largest operational assets. With a desire to improve shareholder value and efficiency and to refocus on core business, the continued necessity to
retain such assets on the balance sheet is now under challenge. Changes in accountancy practice and a desire to maintain flexibility are, however making the choices ever more complicated.
This paper examines the current options available for corporate users seeking to extract value from their property assets.
This business plan proposes developing affordable seniors housing villages with modular cottages. Each village would have 20-25 single or dual occupancy cottages located near amenities. The cottages could be rented, leased, or purchased. Financial projections estimate each village would cost $3.5M to develop and generate $3.7M in sales. Marketing would target local active seniors and downsizing couples. The plan seeks municipal land, individual purchases, and interim financing to fund infrastructure and construction.
This document provides an overview of tax planning ideas for private clients, business owners, UK resident non-domiciled individuals, and how the professional services firm RSM can help. For private clients, it discusses tax planning opportunities related to allowances, inheritance tax, business and agricultural property relief, pensions, tax efficient investments, investment wrappers, supporting children or grandchildren, UK residence status, and residential property owned by individuals or corporates. For business owners, it covers business profits, cash extraction, entrepreneurs' relief, and partnership structures. For non-doms, it addresses domicile status, remittance basis, business investment relief, offshore trusts, and deemed domicile.
QTS Realty Trust reported earnings results for the fourth quarter of 2019. Key highlights included:
- Signed new and modified leases totaling $27.7 million in incremental annualized rent, the strongest leasing quarter in company history.
- Commenced construction on a new 250+ megawatt data center campus in Hillsboro, Oregon, with initial development delivering in mid-2020.
- Provided full year 2020 guidance with 10-12% revenue and adjusted EBITDA growth expected over 2019 results.
- Maintains a strong balance sheet with $220 million in available undrawn equity proceeds and extended credit facilities.
The City of Williamsburg owns over 1,000 acres of land along Waller Mill Reservoir that were purchased as a buffer to protect the reservoir. The properties are zoned for low-density single-family homes, agriculture, conservation, and other uses. Using the existing zoning, approximately 35 single-family homes could be constructed without threatening the reservoir's water quality.
Similar to Rollits Agricultural Law Update July 2018 (20)
The document provides guidance for schools on managing relationships with connected non-charity organizations, such as trading subsidiaries. It summarizes key points from a Charity Commission guidance publication on this topic. The Charity Commission guidance stresses the importance of trustees understanding the non-charitable organization's business and managing the relationship effectively to avoid risks to the charity. Trustees must also ensure conflicts of interest are avoided and the charity and non-charity remain distinct entities. Academies are advised to familiarize themselves with the full Charity Commission guidance.
Rollits' Planning & Property Development Newsletter Autumn 2019Pat Coyle
Legal newsletter for the planning & property development sector including articles on town & village greens, overage agreements and Permitted Development Rights
Rollits' Agricultural Law Update - July 2019Pat Coyle
Legal newsletter for the agricultural sector including articles on diversification, permitted development rights on agricultural land and Health & Safety law
Rollits Private Client newsletter - May 2019Pat Coyle
This document provides an overview of Rollits' specialist Private Capital team and the services they offer related to private client matters such as wills, tax planning, trusts, and estates. It introduces the team members and notes their qualifications. It also discusses recent increases to probate application fees and provides tips for buying a house, including being realistic about budgets, understanding hidden costs, clarifying ownership intentions, and using agreements to protect cohabiting couples' financial interests.
Rollits Planning Law and Policy Newsletter - February 2019 Pat Coyle
Legal newsletter covering topics such as permitted development rights on agricultural land, Class A permitted development rights, CIL and a planning policy update.
Rollits Regulatory Review - November 2018Pat Coyle
The document discusses regulatory issues that businesses may face, including criminal and civil liability for directors and managers. It provides an overview of various regulatory areas like health and safety, environmental regulations, consumer protection, and advertising. It also summarizes some recent cases involving regulatory prosecutions, such as a company being fined for a mouse infestation and a director being fined for health and safety violations. Additionally, it discusses the new sentencing guidelines for manslaughter offenses which can apply to gross negligence cases in the workplace.
Legal newsletter for the Charity, Voluntary and Not-for-Profit Sector with guidance on Automatic disqualification rule changes for trustees and senior managers of charities
The document discusses the government's response to a technical consultation on implementing the new college insolvency regime in England and Wales. Key points include:
- The government estimates over 100 colleges will need to familiarize themselves with the new insolvency rules as they are at elevated risk.
- The 14 day notice period for insolvency procedures cannot be modified as it is set in primary legislation.
- Guidance for college governors is still lacking, creating uncertainty around recruitment and retention of effective governors.
- The new rules are aimed to come into force by late 2018 or end of March 2019 when related support programs close.
The Law Commission published a report on technical issues in charity law on September 14, 2017. The report makes 43 recommendations and includes a draft bill to implement the recommended reforms. Some key recommendations include allowing unincorporated charities to more easily amend governing documents, expanding the circumstances in which small donations can be applied cy-pres without contacting donors, and giving trustees more flexibility when borrowing from or spending permanent endowment funds. The government is expected to respond to the report within the next 6-12 months but may lack resources to implement many reforms due to Brexit.
The document summarizes a judicial review case brought by the Durand Academy Trust against Ofsted regarding Ofsted's complaints procedure. The court found Ofsted's complaints procedure to be unfair because it did not allow for substantive challenges to inspection reports that found a school to require special measures. As a result, the court quashed the Ofsted report for the Durand Academy Trust. The outcome means Ofsted will need to revisit its complaints procedure to address the court's findings and avoid future challenges regarding the fairness of inspections.
Legal newsletter for the education sector. In this edition we summarise key issues raised in a letter sent to academy trust Chairs by Lord Agnew; highlight a recent decision of the Advertising Standards Authority in relation to unproven claims made by universities in their advertising; take a look at the continuing impact of the Bribery Act on the education sector; and explain a revised Memorandum of Understanding which has been entered into between the Department for Education and the Charity Commission. To kick off, here are a few updates on the GDPR, the Apprenticeship Levy, the college insolvency regime and a recent study which considered the post 16 Area Review process.
Legal newsletter focussing on employment matters including articles on worker status and the implications of the gig economy and shared parental leave
and grandparental leave.
The document discusses several legal issues facing education providers, including data protection law changes and contracting requirements for apprenticeships under the new regime. It provides guidance on implementing publication schemes required under freedom of information laws. It also offers advice on properly documenting third party use of education facilities to avoid legal risks. Key points covered include the need for education providers to comply with new GDPR data protection standards by May 2018, and ensuring apprenticeship contracts and subcontracts meet ESFA funding rule requirements.
This document discusses restrictive covenants and their implications for landowners. It begins by explaining what a restrictive covenant is, which is a promise made in an agreement that restricts the use of land for the benefit of another property. It then provides examples of common types of restrictive covenants and notes that they can affect current or future use of owned or acquired land. The document emphasizes the importance of being aware of any restrictive covenants, as they are legally binding for subsequent owners and non-compliance can result in costly injunctions or damages. It also outlines some options for dealing with restrictive covenant breaches.
The document discusses several major policy changes impacting the education sector in the UK, including guidance on implementing recommendations from Area Reviews of further education colleges, the Apprenticeship Levy being introduced in April 2017, and a proposed new insolvency regime for colleges. It provides an overview of the key implications and risks for education providers, such as extensive due diligence requirements, potential payment delays from employers, and pressure to lower prices. The article emphasizes the importance of strong contractual agreements and due diligence of employers to help providers mitigate risks from the Apprenticeship Levy.
Legal newsletter for owners, directors and HR professionals with updates on current employment law. In this issue: Also in this issue: The National Minimum Wage / National Living Wage; Family Friendly Rights; Current rates and limits for unfair dismissal and redundancy; pulling a sickie
Legal Newsletter for the construction industry highlighting Collateral Warranties, New JCT 2016 Edition of contracts, apprenticeships and the health & safety revolution
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
2. Direct subsidies are falling and it
appears are likely to fall further. The
trend for larger farming units would
appear inevitable. However the
possible cap on Basic Payments or any
successor’s direct payments may hinder
the profitability of larger farm units.
The issue of migrant workers, so
important in certain areas are still to be
resolved. Already there is a drift away of
workers. Subsidies for renewable projects
are also likely to change materially.
Farmers are also facing uncertainty
in other areas; fracking; the surge
of vegan militancy and increased
publicity about animal welfare
standards; government housing policy
and much more.
The comfort is that the population
has always needed food and that will
continue. That perhaps is the only
major certainty.
We at Rollits cannot claim to know what
the future holds in store for the Sector
but we do have a dedicated Agriculture
team that will keep itself briefed and
ready to respond to change. We have
done that since 1841 and have no
intention of changing our commitment
to the Sector.
Neil Franklin
2 Agricultural Focus Summer 2018
Few certainties in
an uncertain world
All businesses need to plan for the future. At present that is
particularly difficult for farmers. The Agriculture Sector is likely
to be affected more than many other industries in the UK by
Brexit and there are many other issues facing farmers too.
4. A reminder of the
permitted development
rights available for
agricultural buildings
and land
4 Agricultural Focus Summer 2018
5. However, an express application for
planning permission is not required
if planning permission is deemed
to be granted under the permitted
development rights, which automatically
grant deemed planning permission for
specified changes of use and building
works. The permitted development rights
are set out in various classes in the Town
and Country Planning (General permitted
Development) (England) Order 2015.
The following permitted development
rights are available for agricultural land
and buildings:
1. Class A – development of an
agricultural unit of five hectares or more.
2. Class B – development of an
agricultural unit of between 0.4 and
five hectares.
3. Class C – mineral working for
agricultural purposes.
4. Class Q – change of use of an
agricultural building and any land within
its curtilage to dwellinghouse(s). This
class also permits any building works
reasonably necessary to convert the
building into a dwellinghouse(s). Note
there are restrictions on the number of
dwellinghouses which can be built.
5. Class R – change of use of an
agricultural building and any land within
its curtilage to various commercial
uses, including shops, financial and
professional services, restaurants and
cafes, business, storage and distribution,
hotels and assembly and leisure.
6. Class S – change of use of an
agricultural building and any land within
its curtilage to a state-funded school or
registered nursery.
Each of the permitted development
rights has exceptions, whereby the
permitted development right will not
apply, and conditions which must be
complied with when exercising the right.
These conditions may include making
an application to the local planning
authority to determine whether their prior
approval is required for any transport and
highways, noise, contamination, flooding
or location and siting issues.
When seeking to rely on a permitted
development right, it is important to
check that the permitted development
right in question has not been withdrawn
by the local planning authority by
an Article 4 Direction. If an Article 4
Direction is in place, then deemed
planning permission is no longer granted
and an express planning application must
be made.
If planning permission is not required,
building regulations approval will still be
required for any building works and it is
important to check whether any other
consent is required for any works, such as
the consent of a lender.
Libby Clarkson
Summer 2018 Agricultural Focus 5
Planning permission is required for the carrying out of any “development” on
land, which is defined in the relevant legislation as the “carrying out of building,
engineering, mining or other operations in, on, over or under the land or the
making of any material change in the use of any buildings or other land”.
6. When a plan is registered at the Land
Registry, the boundaries shown are
general boundaries and may not
accurately show the extent of the
boundaries as they are on the ground. A
plan is generally based on the Ordnance
Survey map which was in existence at the
time the land was registered. However,
the better the plan submitted to the Land
Registry, the greater the chance of the
final title plan accurately showing the
boundaries to the property.
Key points for consideration on all
plans include:
• the plan must include a scale in a
metric measurement
• it must show an orientation
• it must show sufficient detail to be
identified on the ordnance survey map
• the general location should be
clarified by reference to roads or
other landmarks
• the plan should not generally be stated
“for identification purposes only”
• it must include a bar scale.
Additional consideration must be given
to floor plans etc. to ensure that they
clearly identify the extent of the land
within a larger building.
Therefore, whilst not always high up on
the list of priorities when considering
selling or otherwise dealing with a
property, the importance of a good
quality plan cannot be understated and
in order to avoid delays and complexities
occurring in the future, a Land Registry
compliant plan should be made a priority
when dealing with land.
Gareth Orriss
6 Agricultural Focus Summer 2018
Always have a plan…!
A good quality plan is essential when applying to register deeds and other
documents at the Land Registry. Not only do they reduce the prospect of
applications being rejected or requisitions being raised, they also reduce the
possibility of future disputes. Historically, many conveyances contained plans
which were of a poor quality or which were missing key information such as
a scale etc. When such plans are submitted to the Land Registry, they can
cause problems, particularly in rural areas where there are no clear landmarks
to identify the land. In certain circumstances, a verbal description of the land
may be acceptable to the Land Registry but particularly in respect of parcels
of land which cannot be easily identified by reference to the Ordnance Survey
Map (which can in many circumstances include agricultural and rural land) a
good quality plan will be necessary.
8. It may be some time since you reviewed
your Will and personal affairs. If you have
a change in family circumstances, then
you should consider whether you need
to make any changes to your Will. For
example, if any of the Executors named
in your Will die, or become incapable or
unsuitable to act then you may wish to
consider appointing different individuals
or substitutes, or if you have had children
or grandchildren since making your last
Will, you may wish to consider making
specific provision for them. You may
wish to look at succession planning
for the next generation and how to
balance the different interests of those
family members who wish to take on the
farming business in the future, and those
who do not.
If you have since married or entered
into a civil partnership, then it is likely
that your current Will has been revoked.
If you have since been divorced, then
any provisions relating to your former
spouse/civil partner in your Will are
treated as being automatically cancelled.
In such circumstances you will need to
make a new Will.
There is also the possibility that you
may require care in the future and you
may wish to consider making Lasting
Powers of Attorney if you become
unable to manage your own affairs.
There have been a number of recent
inheritance tax changes including the
introduction of the Residence Nil Rate
Band. If you require any inheritance tax
planning advice, including the availability
of Agricultural Property Relief and
Business Property Relief on your farming
business, then please to not hesitate to
get in touch with us.
Our Private Capital team can assist you
with the preparation of wills, the creation
of trusts and care home fee planning.
We regularly advise farming families on
a range of private client issues including
estate and succession planning, the
avoidance of family disputes on death
and putting measures in place in the
event that an individual requires care.
John Lane
8 Agricultural Focus Summer 2018
Estate planning for the
agricultural sector
Taking time to plan for unexpected events such as death, divorce, disability or
diversity is essential for farming families and can help to reduce stress, save
costs, and resolve conflicts among family members during times of trauma and
family crisis. Planning ahead can just make things a little bit easier when families
are experiencing difficult times.
Please contact the head of our
Private Capital team John Lane
on 01904 688506, email
john.lane@rollits.com if you
require any information on how
we can assist you.
9. Summer 2018 Agricultural Focus 9
With the Courts now well versed in
applying sentencing guidelines that
came into force in 2016, the fines for
health and safety offences across
the board should continue to pose
significant concerns for the sector.
In April 2018, a farming partnership
was fined £400,000 and ordered to pay
£67,000 in prosecution costs after one
of their employees, a 19 year old farm
worker, died. The teenager was driving
a tractor hitched to a trailer carrying
25,000kg of grain which, the court found,
was four times the weight of the tractor.
The brakes failed and the teenager was
crushed as the tractor and trailer crashed.
The HSE identified several failings on
the part of the partnership, including the
placing of too much responsibility on
young farm workers to identify and report
defects with machinery, a reluctance to
prioritise the funding of maintenance of
machinery and inadequacies in training.
In recent statistics, the HSE has
reported that 29 agricultural workers
were fatally injured between April 2017
and March 2018, the highest rate of
all industry sectors. In its Intervention
Strategy, the HSE suggests that
businesses have greater involvement
with the farming industry safety
partnerships and it is to seek to publish
research that assists those in the sector
to identify any areas of particular risk
and push industry incentives.
Given the HSE’s current increased focus
on the sector, it has never been more
important to ensure that the health
and safety processes and procedures
for your business are up to date and
satisfactory. Submissions to the Court
that farming partnerships rely on trust
and the common sense of those that
work within the business simply do not
cut the mustard and are met with little, if
any, sympathy by the Court. Training, safe
practices and clear methods of working
remain crucial.
Jennifer Sewell
September 2017 saw the introduction of the HSE’s Agriculture
Sector Intervention Strategy. Due to the increased risk factors
associated with farming, forestry and fishing and the poor
health and safety record, the HSE has identified the Agricultural
Sector as in need of focused improvement. The Strategy cites
that 1% of the British workforce works in the sector whilst the
sector accounts for 20% of deaths within the British workforce.
Health and Safety Executive
spotlight on agricultural sector
10. 10 Agricultural Focus Summer 2018
The benefit of documenting
agreements within the family
Family tension, emotion and time has an unhappy knack of colouring and
altering recollections of what was said and what was intended – not only can
this lead to the destruction of family relationships but the consequential cost
of a dispute escalating into Court proceedings can be financially devastating
for everyone involved. The recent case of Thompson v Thompson
[2018] EWHC 1338 (CH) underlines the benefit of documenting Family
Understandings and Arrangements.
11. The Thompson case involved a farming
family, the farm comprised both
freehold land and other land held
under agricultural tenancies which
was acquired in 1989 by Norman and
Doreen Thompson. Sadly, Norman
Thompson died in 2012. Gilbert
Thompson (who brought the case
against his mother) was one of five
children. He was the only surviving son
and had worked on the farm for most of
his life. His sisters had moved away as
they grew older. By the time of dispute
Gilbert and his long-term partner were
living in the farmhouse and his mother
was living in a bungalow on the farm.
Following his father’s death one of
Gilbert’s sisters began to suggest that
Gilbert was not managing the farm well
and she challenged decision making in
relation to the farmhouse. The situation
became increasingly difficult. Gilbert
had no documentation to verify what
his parents had told him throughout
his life, that he would inherit the farm.
There had been no agreements drawn
up, and no land or property had been
transferred to him. It now appeared
that his sister was seeking to remove
him from the farming enterprise, and
his mother was intending to go back
on what Gilbert had understood and
trusted would happen on her death.
In 2014, Gilbert and his partner, having
returned from a holiday, were excluded
from the farmhouse.
Without documentation Gilbert’s only
option was to argue “propriety estoppel”
i.e. that he had relied on representations,
promises and assurances from his parents
that on their death he would inherit the
farm. As a result, he had acted to his
detriment in as much as he had worked
the farm from a young age at a low
rate of pay leaving him now unable to
purchase his own accommodation or
secure alternative employment. Gilbert
argued that it would be unconscionable
or plainly wrong to remove him from the
farm and for his mother to dispose of the
farm to anyone other than him.
Gilbert’s mother had agreed to her
son having a 1/3 share in the farm as
she felt that was fair. Her case raised
issues about her son’s abilities as a
farmer – describing him as “recklessly
negligent”. She maintained because
of this, no assurances were made to
Gilbert in relation to him inheriting the
whole of the farm. Unfortunately for
Gilbert’s Mother, notes taken by the
family solicitor and accountant during
meetings involving Gilbert’s father prior
to his death suggested otherwise. The
notes indicated that both parents wanted
the farm to go to Gilbert after their
death, for it not to be broken up, and
that they recognised that Gilbert had
worked hard on the farm for little return.
The court found Gilbert’s evidence to
be honest and reliable, backed up by
the professionals’ notes. The judge was
convinced that Gilbert’s parents had
promised him the farm and that he had
relied on this to his detriment. In the
circumstances Gilbert’s mother was now
unable to go back on the promises made.
Although the court found in favour of
Gilbert, the practicalities of putting this
into place have yet to be addressed and
have been put off to another day. It is
anticipated that these issues may well be
dealt with by the family, without the need
for further court intervention.
Gilbert’s case highlights the importance
of ensuring that people consider their
succession plans, with their wishes clearly
documented. It is beneficial to seek
advice and take all necessary steps to
avoid considerable expense and lengthy
court proceedings later.
Gilbert’s case involved a fall out with
his mother and sibling, but what about
couples? What steps can they take?
Summer 2018 Agricultural Focus 11
Continues on next page…
12. Information
If you have any queries on any issues raised in
this newsletter, or any agricultural matters in
general please contact:
Neil Franklin on 01482 337250 or email
neil.franklin@rollits.com
This newsletter is for general guidance only
and provides information in a concise form.
Action should not be taken without obtaining
specific advice. We hope you have found this
newsletter useful, but if you do not wish to
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to Pat Coyle, Rollits, Citadel House,
58 High Street, Hull HU1 1QE or email
pat.coyle@rollits.com. For details of how we
use your personal information please refer
to our Privacy Policy by writing to the same
address or accessing our website at rollits.com
The law is stated as at 1 July 2018.
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The benefit of documenting agreements within the family
(continued)
12 Agricultural Focus Summer 2018
Clarifying intentions prior to cohabitation
or marriage, may significantly reduce the
prospect of lengthy and costly litigation
when a relationship ends. It is strongly
advisable for couples, where they are
considering cohabitation to seek advice
on setting out their intentions, both
financial and child arrangements, in a
Cohabitation Agreement. Equally, upon
purchasing a property or in the event of
financial contributions being made to
an existing property, that a Declaration
of Trust is drawn up to regulate property
ownership, to minimise the potential for
dispute at a later point.
For those considering marriage, it
is advisable to consider Pre-Nuptial
agreements, which now carry significant
weight in circumstances where couples
seek to protect pre-marital assets and/or
seek to agree how marital wealth should
be divided upon relationship breakdown.
Whatever your relationship dynamic
may be, where finances are involved
it is always advisable to ensure that
agreements and understandings are
properly documented. Taking these
steps is smart financial planning.
Adrian Coggon