How to avoid co-ownership disputes

25 July 2022

The issue of joint ownership usually arises when a property is owned by more than one person. Matt Collis, Associate in Blanchards Bailey’s Residential Property Team, looks at the two ways jointly held assets can be held.

The first way in which property can be held is as beneficial joint tenants. This means that there are joint owners and there is no division of ownership between them; the owners will own the whole of the property as if they are one owner. This is the usual way that couples buy property together, especially where they have contributed to the purchase price equally. The arrangement has the advantage of simplicity and ensuring that, when an owner dies, ownership will pass automatically to the remaining owner or owners. An owner’s Will or intestacy (where a person dies without leaving a Will) will have no bearing on what happens to their ownership of the property when they die where there is a surviving owner or owners.

Communication
The second way in which property can be held is as beneficial tenants in common. This is where the owners have separate shares in the property. There could be an equal division of shares in the property or one owner can own a greater share than another owner/s. There could be a beneficial tenancy in common where the owners have put different sums of money towards the purchase of the property. The proportions of ownership in the property could reflect these different sums.
Joint ownership disputes can arise due to a number of reasons, such as:

The relationship between joint owners may break down for whatever reason;
If one joint owner wants to sell their share of the property but the other does not; and,
If one joint owner dies and their executors want to sell their share of the property but the other joint owner does not.

The key to avoiding any such dispute is to make sure joint owners communicate with each other. As with any dispute, it is easier to find a resolution if both joint owners are willing to negotiate and compromise.

Put it in writing
It is also prudent to have a written agreement in place between joint owners as to how they hold the property, also known as a declaration of trust. This document can detail how the sale proceeds are to be split upon the sale of the property. This document can also deal with how the joint owners will contribute towards future outgoings on the property, for instance, mortgage payments and improvements, and whether one joint owner has the option to purchase the other’s interest in the property should one of them wish to sell their interest in the property.
If it is not possible for the dispute to be resolved by mediation, joint owners may apply to the Courts in accordance with the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), and the Courts can force a sale of the property. It is stressed that this option should only be considered as a last resort. Before buying or acquiring a property, joint owners should always consider how they would like to hold the property.

Contact Matt or any member of our Residential Property Team for further advice.
Alternatively, Blanchards Bailey’s Private Client Team can advise on the drafting of declarations of trusts, and our Litigation and Disputes Team on all matters relating to co-ownership disputes.
For all enquiries please call 01258 459361.

This month’s news from the team in Sturminster Newton

Editorial team

25 July 2022

Sturminster Newton has had a busy month – Pauline Batstone has the round-up of what’s been going on in Stur

1855
Work is progressing on transforming the old NatWest building from a bank to a shopping destination with a steampunk theme. For the rest of us who had never heard of ‘steampunk’, the dictionary says “the essence of steampunk is an homage to vintage fashion with a modern, sassy twist”. What this means for 1855 is that we are taking the space back to its original features where possible, and reclaiming part of Stur’s history. At the same time we will be offering an exciting shopping experience, intended to draw more people into town. So far more than 20 entrepreneurs have expressed interest in trading from the building – phase one of the development is expected to open by the autumn. If you are interested in hiring customer-facing retail space for your own business then get in touch via [email protected] or drop a note with your details into The Emporium.

The Dapper Chaps
The men’s boutique sitting within The Emporium has everything for the well-dressed chap – and will also be offering retro fashion for those who long for the days of dressing up, as opposed to dressing down.

The Emporium
The new art gallery opened in June to display the wide range of paintings and pictures which the shop receives as donations. The art gallery makes use of the walls on the stairs, landing and also in the two meeting rooms. Do come in and have browse – you may find something just right for that space on your wall

The Boutique
The shop in Church Street currently has some glamorous gowns at knock-down prices for those special summer events, alongside the usual range of lovely, good quality clothes and accessories, all offering excellent value for money – a browse is always an opportunity for some new-to-you fun clothes without breaking the bank.

The Car and Bike Enthusiasts
The monthly car and bike meet continues to go from strength to strength. Meeting on the first Saturday morning of each month, the last meet had over 80 vehicles, and more than 200 visitors. You can see the huge range of cars and bikes on Facebook here – there are no rules on what can be shown, so the meet attracts a wide variety of vehicles from quite a distance. The enthusiasts now gather at the Recreation Ground, Ricketts Lane (on the bridge side of the town), having outgrown the Station Road Car Park, and inspired some ‘parking rage’. Now shoppers and car nerds can park in comfort in Station Road and take a stroll through town to The Rec – picking up a coffee and bacon butty on the way!

The Litfest
Thank you to all those who supported the third Sturminster Newton Literary Festival this year – they get better each time, with a range of events for all interests and ages. The range of renowned and bestselling authors connected to Dorset which our small town managed to attract was very exciting, and the talks were always fascinating and entertaining. Highlights were Minette Walters talking about her latest historical novel set in Dorset during the civil war, Natasha Solomons in conversation about her latest novel I, Mona Lisa, and Dr Steph Alder and Professor Angelique Richardson introducing the University of Exeter’s Hardy’s Correspondents project.
The festival culminated in a (free) Victorian Fair for families, and Queen Victoria even braved the chilly winds to grace the event with her presence.
Keep the middle two weeks of June free in your diary for the Festival 2023.

Any other business …
The Sturminster Newton Community Benefit Society Ltd. is the body which runs The Emporium and The Boutique, and is behind 1855 – but that name is a bit of mouthful so in future it will be known simply as SturAction.
The next Stur event will be SturBuzz (20th to 27th August). It’s to be an eco-event, making us more aware of our natural environment and how to sustain it, with activities and learning in and around Sturminster Newton. See sturbuzz.org.uk – more details coming soon!

TURNER, HERBERT

Editorial team

25 July 2022

Long standing resident of North Brewham, aged 89 years, passed away at home on the 17th July 2022, after a long illness.
A much loved husband, Dad, Grandad and Great- Grandad.
Will be greatly and sadly missed by all his family and and friends.

New Rural Crime Team

Editorial team

24 July 2022

Dorset has now tripled the size of its rural crime team, says Sgt Jane Moore

On 20th June 2022 Dorset Police launched its Rural Crime Team Engagement Project at Kingston Maurward College, who kindly hosted the event.
Dorset’s Police and Crime Commissioner David Sidwick and Dorset Police’s Chief Constable, Scott Chilton attended the event with many of our partner agencies, including Dorset Council, the Environment Agency, Forestry England, Neighbourhood Watch, the National Farmers Union and Cornish Mutual.
The Rural Crime Team aims to ensure we deliver exceptional local policing that is visible, connected, and trusted. Dorset Police is committed to responding to rural crime and will relentlessly pursue those involved. We will provide a professional response that always puts the victim of rural crime first.
Dorset Police will create a hostile place for perpetrators of rural crime and anti-social behaviour.
The rural crime team across the county has now gone from three dedicated officers up to 10.
“Policing rurally is a different beast” says Assistant Chief Constable Farrell “we have to face it in a different way, starting with providing more dedicated rural officers to tackle crimes like fly-tipping, poaching, hare coursing and machinery theft.”
We work closely across all geographical areas, supporting local Neighbourhood Policing Teams. The aim of the rural crime team is to make all of Dorset a safe place to live and work, and less attractive to rural offenders.
The Team support victims in rural communities and targets repeat offenders and organised crime groups.

Within communities
The Rural Crime Team works with local communities and partners to ensure that the views and concerns of rural communities are listened to. This includes developing and delivering innovative new ideas such as the podcast series Country Cast that was delivered last year, and the team’s new Rural Crime engagement van.
The Team believe it’s vitally important that we are accessible to the communities we police. We will attend many local events and meetings where you can speak with us face-to-face, as well as regularly updating our social media accounts (Facebook, Twitter & Instagram) and arranging individual contact when required.

Details of when and where the van will be can found here:
Facebook:
@DorsetPoliceRuralCrimeTeam
Twitter:
@RuralCrimeTeam
Insta:
@dorsetpoliceruralcrimeteam

Check in with your Five Ways to Wellbeing

Editorial team

23 July 2022

With longer evenings and a quieter month, Izzy Anwell of Dorset Mind reminds us to do the five-step check-in with our own wellbeing

The month of June was jam-packed as everyone grappled with fitting their regular workload around an extended Jubilee bank holiday and half term.
It’s safe to say that July is much quieter – and the longer days and shorter nights give us more time to focus on the things that are important to us, like spending time with family and friends, our hobbies and our interests. We suddenly have more brain space to consider our own wellbeing. It’s time to check in and re-apply the Five Ways to Wellbeing to our routines …

Take notice
In an effort to ‘check in’ with ourselves, we need to take more notice of what our bodies and minds need. A study by BITC (Business in the Community) from 2020 showed that 41 per cent of employees reported having experienced mental health symptoms which were caused, or worsened, by work in 2020. With burnout levels still on the rise, it is time for us to become more vigilant in spotting the signs of stress and especially workplace stress. Making time for ourselves and our interests outside of work is a necessity when trying to build a healthy work/life balance. Next time you’ve had a stressful day at work, organise to see a friend or do something that makes you feel good.

Getting active
Incorporating even a low level of exercise into our routines can help us to de-stress, as it regulates the body’s stress hormones adrenaline and cortisol. Regular exercise isn’t for everyone, but ‘getting active’ doesn’t have to be as scary as it sounds. Walking, for example, is a free, easy way to get active if you’re able to get out and about. It helps to build stamina and improve your heart’s health. And a long walk in the sunshine after work is a sure-fire way to blow away cobwebs and flat moods.

Learn
Learning something new – an activity or new hobby – improves brain health and create new neural pathways. It could also potentially introduce you to a new community of like-minded people.

Connect
We all probably feel as though we’ve been doing an awful lot of connecting during the month of June, whether that was at a Jubilee street party, a Pride march or a bank holiday barbecue, but it is important to consider whether we really took the time to check in with our loved ones and whether we know how they are actually doing.
One in four people experiences a diagnosable mental health problem each year, which roughly equates to 16 million people across the UK. From this statistic it is clear that you’re likely to know someone suffering in silence and who could use your support.
Simply asking the seemingly insignificant question ‘Are you OK?’ really can make a difference. The power of this small gesture is often underestimated. It could be all that is needed to start an important conversation. However, others may need a second gentle push to get them talking, it is important to always ask twice. You’ll always get the truth the second time around.

Give back
The two most common reasons for volunteering were that people wanted to ‘improve things and help people’ or that ‘the cause was important’.
Why not make your new hobby/activity fundraising or volunteering for us? Dorset Mind offers several volunteer positions across the charity and you can offer support to help local people’s mental health.
When we feel overwhelmed it may feel like we have nothing more to offer. However, individuals who report a greater interest in helping others are more likely to rate themselves as happy. When we ‘give back,’ we ‘get back’ in return.

Find out more about the Five ways to look after your mind and body here.
If you’d like to volunteer for Dorset Mind, head to the website here.
Dorset Mind offers 1-2-1 and group support across Dorset that helps people with common mental health problems like anxiety, stress and depression. Find out more here.

Scammers continue to target as the cost-of-living crisis bites

Editorial team

23 July 2022

New research by Citizen’s Advice Dorset has found that 76% of people in the South West have been targeted by a scammer this year. As the cost-of-living crisis deepens, this number is expected to rise further, and the organisation is concerned.

Rovarn Wickremasinghe, Chief Officer, Citizens Advice Bridport, said: “A shocking number of people in the South West have been targeted by a scammer so far this year. We know scammers prey on our worries and fears, and sadly, the cost-of-living crisis is no exception.”

“Anyone can be targeted by a scam, and as the purse strings are tightened and financial pressures pile on, it’s important we work together to protect ourselves and each other.”

The top five most common types of scams reported were:

Deliveries, portal and courier services
Government or HMRC scams
Banking
Rebates and refunds
Investment or financial

How to spot a scam
Citizens Advice Dorset is sharing five top tips to help you guard against a potential scam:

It seems too good to be true – for example, scammers pretending to be energy companies to lure people into ‘too good to be true’ deals
You suspect you’re not dealing with a real company or a genuine person – take a moment to step back and double-check. ALWAYS check the email address from the sender
You’ve been pressured to transfer money quickly
You’ve been asked to pay in an unusual way – like by an iTunes vouchers
You’ve been asked to give away personal information such as passwords or PINs.

What to do

If you’ve been scammed, Citizens Advice Dorset advises you to talk to your bank or card company immediately if you’ve handed over any financial and sensitive information or made a payment.

Secondly, report the scam:

Offline scams – those using the telephone, post and coming to your door, can be reported to the Citizens Advice website or by calling 0808 223 1133.
online scams – report to the dedicated Scams Action service either online or on 0808 250 5050
Text scams – report to your mobile phone provider by forwarding it to 7726

Where now for Dorset’s small village shops?

Editorial team

22 July 2022

Village shops benefitted from the ‘stay local’ message during the pandemic, says Rupert Hardy, chair of North Dorset CPRE – but tougher times lay ahead

For many years, Dorset CPRE sponsored the Best Dorset Village Shop class in the county’s Best Kept Village competition. I was one of the two judges. Sadly the competition is in abeyance currently as it needs a new major sponsor, but we can – and should – still write about the sector and applaud some of the better shops. We awarded prizes to many throughout Dorset, but I would especially mention Iwerne Minster Village Stores and Motcombe Community Shop in North Dorset.
Oddly, Covid was kind to village shops, which had been under pressure for decades from the relentless onslaught of supermarkets. Government advice to stay at home combined with fear of infection drove shoppers to avoid supermarkets, except for using their online delivery services if available. Village and farm shops, however, offered a friendly face to consumers who otherwise felt isolated, while they benefited from the trend to ‘shop local’ at a difficult time for all. Consumers increasingly wanted to buy higher quality sustainable food with lower food miles, and showed greater awareness of food provenance. Price was less of an issue.

Things have changed
Roll forward to 2022 and life is dramatically changing, with shoppers facing a cruel cost-of-living crisis. Village shops may still benefit from a long-term trend towards sustainability, but they also face much tighter purses. Price wars will intensify and we all know which supermarkets are winning: the discounters, Aldi and Lidl. The latter have been helped too by greater availability of new sites, thanks in part to the misfortunes of the hospitality industry under COVID, particularly pubs.
There may have been less online shopping as the virus diminished, but it is still a clear long-term trend that the supermarkets can take advantage of and village shops find very hard to exploit. Another factor has been the rapid decline in physical newspaper sales, previously these were major drivers of customer flow for the shops.

Audrey Hardy fills up her bottle at the Dorset Dairy Company milk station

What can they do?
The bigger shops are in a much stronger position as they can offer a broader range of stock and also diversify if space allows by opening cafes, which bring extra footfall and generate higher margins. Village shops can sell more high quality, local, sustainable produce, which we applaud as we support local food and drink producers, of which Dorset has many.
More shops are joining symbol groups, such as Spar, to help their buying power and provide marketing support. We ask readers to support village shops as much as they can, as they are vital community hubs.
We hope to use our column to report back on some of the best local shops, supplementing the coverage already provided by the BV magazine in its ‘Meet your Local’ column.
We start with Robin Hill Stores in historic Marnhull, the largest village in Dorset. Located in the heart of the Blackmore Vale, it features in Thomas Hardy’s Tess of the D’Urbervilles as “Marlot”. Atul Odedra has run the successful shop and Post Office since 2014. He sells cards and other non-food items as well. The premises and the neighbouring shops were once the large Michael Harding’s Stores. The building was originally four separate cottages, thought to date from the late 1600s, which have been combined and added to over the years.

Window display for Marnhull Fest, a community Jubilee event

Atul has made various changes after taking over the shop. He has brought in more local food and drink, including Mounters Gin, which is made in the village. He bought a bigger chiller so he can sell more fresh food, and he has now installed a fresh milk station, supplying milk from the Dorset Dairy Company. Best sellers are cakes and biscuits. He employs local part-time staff, and his brother Dilip is temporarily helping out. Atul supports the Marnhull community in many ways, providing window displays for local businesses, advertising space for community events and ticket sales for community groups.
Various village groups can take over the window displays and as I write there is a Marnhull Fest display.
Locals report how Atul goes out of his way to order in special items for them. Legend has it that Atul walked from Bourton to Marnhull when the village was cut off by snow, bringing back fresh milk. That is dedication to the community!
He admits that the shop benefited indirectly from Covid, but life this year has got much tougher with the cost-of-living crisis. He is finding more severe price competition from the supermarkets, but is trying to sell more local food which the supermarkets don’t stock. Looking to the future, Atul is thinking about converting an empty room into a café to improve footfall into the shop too. Reviews mention good stock, amazing service, friendly owners and a fine little Post Office.

Stickland, Monica

Editorial team

21 July 2022

Passed away, peacefully at home on 11th July 22 after a short illness

Loving Mother of Philip, Nick & Dawn. Mother- in- law to Elaine, Mike & Adam. Proud Grandmother & Great Grandmother.

Funeral to take place on 8th of August at 12.15pm at Weymouth Crematorium.
Family flowers only but donations to Weldmar at home to Woods Funeral Care, Dorchester .
Bright attire only please.

Summer’s shouting in the greenhouses

Editorial team

21 July 2022

Summer at Thorngrove has arrived with its usual riot of colour – and the never-ending task of watering, says Kelsi-Dean Buck

Summer has officially arrived and oh boy have we felt it! Despite those odd spots of wind and rain, the heatwave really let us know that June was in full swing, and the summer season was upon us. What’s there to say? Stunning weather, BBQs, catching up with friends long into the evening …for many this is the best time of the year.
At Thorngrove, it’s the little things that you often don’t think would be a big deal, that catch us. Just watering our plants during the hot periods is a gargantuan task. Some plants need a drink twice a day! When you think about the thousands of plants we have …yeah, that watering time really adds up! The glasshouse and nursery teams really do have their work cut out for them during a heatwave, but we’re pleased to say their care and hard work means the plants are looking more lush than ever. Remember to take care in your own gardens if you’re working in the heat – stay hydrated, invest in a good sun hat, take breaks, and don’t forget the sun cream. We often put the care for the things we love ahead of ourselves, and no garden is worth heatstroke, trust us!

Blowsy summer
Wandering through the courtyard and glasshouses during the summer in particular really can take your breath away. It’s not that there’s a favourite time of year, but each season brings something different and summer is all about an abundance of colour with plants vying to be the centre of the attention. Last month we mentioned the roses, of course (click here for a little video!), but there’s all kinds of summer plants which are just begging to seen and stand out from the rest.
While we spend plenty of time trying to sell our beautiful plants to you, we wanted to take another moment to remind you that we now have a huge range of garden furniture available from Thorngrove. There’s still plenty of time to take advantage of the summer evenings, and if you’re having friends or family over, or are just seeking a new hanging chair for yourself, we’ve got you covered. High quality dining sets, loungers, fire pits and more.
Your dream summer garden is something we’d love to help create, so please do visit our online shop, or pick up a brochure the next time you visit.

Kelsi Dean-Buck Thorngrove Garden Centre

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