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Helpful advice and company news from Barker Gotelee.

Rural properties and the law concerning septic tanks

For many homeowners, it is a fact of life that they have no connection to the mains sewerage system. Little thought may be given to sewerage arrangements, other than to the periodic expense of having septic tank sludge removed. However, the law has become more restrictive in recent years and homeowners should review their private […]

Civil partnerships and mixed-sex couples – the ‘siblings’ debate

Civil partnerships have made the headlines recently with an announcement from Theresa May that they may be opened up to mixed-sex couples, including siblings, which has led to a whole host of confusion and moral debate. Currently, only same-sex couples can enter into civil partnerships, which were introduced in 2004 with the then government objecting […]

Test cases shed light on assisted dying in relation to Lasting Powers of Attorney (LPAs)

A series of Court of Protection (CoP) test cases have raised issues around the validity of wording in LPAs, specifically in relation to euthanasia and assisted dying. Several cases involved someone creating an LPA in which they expressed instructions or preferences to their attorney indicating that assisted dying would be their choice. The CoP found […]

Can an obligation to maintain fencing operate as an easement?

In the case of Churston Golf Club v Haddock, the High Court needed to consider whether an obligation in a conveyance to maintain fencing along a boundary took effect as an easement. There are two possible ways to interpret a fencing obligation: (a) as an easement, or (b) as a positive covenant. The distinction is […]

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