17 minute read
Business
Tree huggers featured in Channel 4 series
Jill (left) and Inez during the filming of Four in a Bed
GLASTONBURY business Middlewick participated in Channel 4’s Four in A Bed and although they didn’t win, it was a great showcase for the family-run enterprise.
With more than 750,000 tuning into the daytime television show, it was great publicity for Jill Barker and their spa manager Inez Findlay.
The filming took place during lockdown with four competing establishments fighting for top place in the competition. Jill said: “It was never about winning the show, we were never going to be game players like some competitors. Inez and I went on the show to have a fun time and show off Middlewick and the Spa at Middlewick for the magical place that it is here in Glastonbury.”
One of the highlights was the Middlewick-hosted activity. Each competitor had to take part in an activity that is chosen by the host. Matt Witt from To the Trees took the contestants on a tree walk to the ancient oak trees Gog and Magog that are located at the rear of Middlewick Farm. All the contestants loved a bit of tree hugging with a view of Glastonbury Tor. l The episode is available to watch on Channel 4 On Demand.
Solicitors support hospice
SOLICITORSin Weston-super-Mare, Burnham, Clevedon, Cheddar and Wrington are giving their time, free of charge, to write wills in return for a donation to Weston Hospicecare during its Make a Will Week, starting on February 28th.
Almost £20,000 was donated by supporters last year. The suggested donation for a will is £120 and £200 for a pair of mirror wills.
It’s being supported by solicitors Bennetts Law, Bartlett Gooding and Weelen, John Hodge, Holley and Steer, Powells Law and Wards Solicitors.
Supporters are advised to contact participating solicitors directly as soon as possible as spaces always fill up quickly.
Obtaining title to land by adverse possession –“squatters rights”
Adverse possession of registered land
Prior to the coming into force of the Land Registration Act 2002, a squatter could acquire the right to be registered as proprietor of registered land if they had been in adverse possession of the land for a minimum of 12 years. However that Act created a regime that applies only to registered land. It makes it more likely that a registered proprietor will be able to prevent an application for adverse possession of their land being completed.
Now adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title. However: • after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land • on such an application being made the registered proprietor will be notified and given the opportunity to oppose the application • if the application is not opposed the squatter will be registered as proprietor in place of the registered proprietor of the land • if the application is opposed, it will be rejected unless either • it would be wholly unfair (by virtue of his conduct) for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor • the squatter is for some other reason entitled to be registered as proprietor • the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application. • in the event that the application is rejected but the squatter remains in adverse possession for a further two years, they will then be able, subject to certain exceptions, to re-apply to be registered as proprietor and this time will be so registered whether or not anyone opposes the application
2. Adverse possession: the essentials
Adverse possession requires factual possession of the land, with the necessary intention to possess and without the owner’s consent. You must show that the squatter and any predecessors through whom they claim have been in adverse possession for at least 10 years ending on the date of the application
2.1 Factual possession
Factual possession signifies an appropriate degree of physical control. It must be a single and exclusive possession. Thus an owner of land and a person intruding on that land without his consent cannot both be in possession of the land at the same time. The question what acts constitute a sufficient degree of exclusive physical control must depend on the circumstances, in particular the nature of the land and the manner in which land of that nature is commonly used or enjoyed … Everything must depend on the particular circumstances, but broadly what must be shown as constituting factual possession is that the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no one else has done so.Where the land was previously open ground, fencing is strong evidence of factual possession, but it is neither indispensable nor conclusive.
2.2 The intention to possess
What is required is not an intention to own or even an intention to acquire ownership but an intention to possess. This means the intention, in one’s own name and on one’s own behalf, to exclude the world at large, including the owner with the paper title if he be not himself the possessor, so far as reasonably practicable and so far as the processes of the law will allow. Where the squatter has been able to establish factual possession, the intention to possess will frequently be inferred from the acts making up that factual possession.
2.3 Possession without the owner’s consent
Possession is never ‘adverse’ if it is enjoyed under a lawful title. If, therefore, a person occupies or uses land by permission of the owner with the paper title and his permission has not been duly determined, he cannot be treated as having been in ‘adverse possession’ as against the owner of the paper title.
These are potentially complicated claims in which obtaining legal advice is often a wise move.
EDWARD LYONS
Email: enquiries@lyonslaw.co.uk Website: www.lyonslaw.co.uk Telephone: 01275 332168
An established and progressive law firm providing a personal and costeffective legal service for commercial and individual clients. l Family & Divorce Law l Co-habitation disputes l Inheritance disputes l Wills and Living Wills l Powers of Attorney l Administration of Trusts l Property – sales and purchases
OFFICES AT: Chew Magna 01275 332168 Westbury-on-Trym 0117 950 6506 Kingswood 0117 967 5252
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SMALL and medium-sized businesses in Somerset have the opportunity to apply for grant funding worth up to £6,000 to help them grow and develop.
The Business Growth Support Programme is the latest initiative to launch as part of Somerset’s work funded by Community Renewal Funding from the UK Government.
It will support 30 small and medium-sized businesses to boost the pace and scale of their development. The initiative will prioritise businesses working in the clean growth, aerospace, digital, and agri-tech sectors, including their supply chains.
Grants will be awarded to businesses to allow them to access specialist and expert business support service providers to meet their own specific needs and have a transformative impact on the business.
Applications should focus on initiatives that boost the pace and scale of development, transformation, innovation, decarbonisation, or employment growth.
The grant is one of five programmes being delivered through the Unlocking Somerset Prosperity initiative designed to support businesses and entrepreneurs across the county.
There is only a short window to apply for these grants, with the call for applications closing on Friday, February 25th.
For details, visit: Community Renewal Fund 2021 –2022 (somerset.gov.uk) under the section on Business Growth Support Programme
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The divorce process: what farming families need to know
THEfarm can be one of the most treasured family assets. In many cases, the farming way of life will have been passed down through the generations and as such the farm often forms the hub of the family.
However, when couples divorce after a long marriage, all assets are placed into one “matrimonial pot”. The assets are then divided so as to achieve equality; this can include the family farm.
The court will consider the need to rehouse both parties and when there are children involved, the court will want to ensure that they are rehoused in an adequate property. When there is no liquid capital, the court will have to consider whether it is necessary to sell the farm. However, many families will want to prevent this from happening.
In the event of divorce, farms can be more complicated than other assets. Farms are often inherited by one party prior to a marriage and can be owned by various members of a family.
As such, there can be other parties’ rights and interests to consider. Additionally, many farmers will want the asset to be retained because it both generates their income and there is often a desire to leave it to future generations.
It is usually necessary to have the farm valued and assess the financial situation as a whole. This will enable a solicitor to determine whether a settlement can be reached without the need to sell the whole or parts of the farm.
It is usually possible to come to constructive solutions without recourse to the court. If parties are able to enter into negotiations, then the complexity of the farm can be considered, and flexible solutions can be reached.
Furthermore, many of these issues can be prevented if the parties enter into a pre-nuptial agreement before they get married. It is also possible to come to a similar agreement during the marriage; this is known as a post-nuptial agreement.
The agreements create the opportunity to discuss what would happen to the family farm in the event of separation and can be very persuasive when coming to a financial settlement. It can also prevent lengthy solicitor negotiations or court proceedings at a later date.
At Mogers Drewett, we understand the importance of retaining the farm but also achieving a fair financial settlement for both parties.
Victoria Cobham
If you would like further information, then please contact Victoria Cobham on 01749 342 323 at victoria.cobham@mogersdrewett.com
Haven Timber nominated for two awards
STAFF at Somerset based Haven Timber are celebrating after being named as finalists in both the Somerset Business Awards and the South West FSB Small Business Awards.
Martina Dytor Butler, managing director of Haven Timber, located just off the A36 between Bath and Warminster said: “Becoming a finalist has been a gratifying acknowledgment for our amazing, hardworking team. We are excited to attend both award ceremonies.”
Haven Timber is an independent, family-run business specialising in timber, fencing and garden buildings. With a focus on sustainability, the business is committed to providing high quality timber and timber products at very competitive prices.
Popular with both trades people and retail customers, Haven Timber boasts a well-stocked impressive timber yard with a range of construction timber, fencing timber, fence panels and trellis and a garden building display together with an indoor shop area with an array of fixings and accessories.
The Somerset Business awards is the county’s largest annual black-tie awards ceremony, recognising companies around Somerset for exceptional accomplishments across a range of fields.
Haven Timber is in the running for the medium “Business of the Year Award” and in order to win will have demonstrated how they can stand out from the crowd through areas such as ambition, profitability, growth, sound business planning, customer satisfaction and management of people – they will have a “wow factor” that is worth celebrating.
This award is judged by Alison Smith, director of Brook Financial Management. The Somerset Business Awards Ceremony takes place on March 11th at the Winter Gardens Pavilion in Weston-super-Mare. Tickets are on sale from February 15th.
The FSB Business Awards celebrate the achievements and contributions of small businesses and the selfemployed across the UK. The high-profile FSB Celebrating Small Business Awards is the largest event of its kind in the small business calendar.
With winners from each category securing a spot at the prestigious UK final and a chance to be crowned the UK Small Business of the Year, it’s an opportunity for widespread recognition.
Haven Timber has been named as finalist for South West Micro Business of the Year, an award which celebrates micro businesses punching above their weight for businesses with fewer than ten employees and which have demonstrated strong revenue growth and a product or service of a quality that stands above competitors.
The South West final takes place on Wednesday, March 2nd at the Winter Gardens Pavilion in Weston-super-Mare.
Haven Timber is open to the trade and public, Monday to Friday 8am-5pm and Saturday 8am-1pm.
Located just off the A36, in the picturesque village of Norton St Philip, nestled between the George Inn, one of the oldest pubs in England, and the Farleigh Road Farm Shop & Café.
They are conveniently located and within easy access from Bath, Bradford-on-Avon, Trowbridge, Frome, Westbury, Warminster, Midsomer Norton and Radstock.
Pictured (l to r) Martina Dytor Butler, managing director, James Lambert, manager, and Paul Dyke, sales team member
Details: www.haventimber.co.uk • Telephone: 01225 720140 • Email: Sales@haventimber.co.uk
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Time to plan your holidays
THEworld is open again and Global Independent Travel’s North Somerset Holiday Show is back!
Meet with cruise experts, chat to honeymoon providers, pick up specialist brochures and seek holiday inspiration for 2022 and beyond.
It's time to start planning your dream holiday, chat with the specialists and enjoy the experience of exploring the globe to plan your next holiday destination with big names like Jet2
Lisa and Laura
Holidays, MSC Cruises, Sandals, Ingham's, Wendy Wu, Newmarket, Titan and more!
As well as expert advice from travel professionals, there will be complimentary wine tasting from Winscombe Wine Shop, exclusive presentations, the Bakers Dolphin Gold Coach on display, travel offers and free raffle with fantastic prizes including the chance to win a £250 holiday voucher.
Plus, live booking stations will be available on the day should you wish to snap up a travel deal! The Holiday Show is free to enter but registration is advised.
The Holiday Show, Sunday, April 3rd, 11am–3pm, Doubletree by Hilton Cadbury House, Congresbury BS49 5AD.
Details: Visit www.globalindependenttravel.com/events or call 01275 774 886 to book your place or receive a holiday quote
Death of Malcolm Pearce
MALCOLMPearce, former owner of both Bath and Bristol rugby clubs, has died at the age of 83. He and his wife Judy lived at Lady Farm, Chelwood.
When Bristol Rugby Club faced financial oblivion in 1998, almost exactly 110 years since it had been created, it was Malcolm who provided the lifeline that allowed it to return to the top tier
in a single season.
He was the man who attracted a World Cup winning coach in Bob Dwyer and the former England and Bath coach, Jack Rowell, to oversee the resurgence and to bring in top class players who could compete against the best.
Before that he had played a major role with Bath Rugby Club during their glory days.
Usually describing himself as a simple farmer, he was anything but. He had built a newspaper distribution business and had a limitless appetite for fresh ideas and an ability to think outside the box.
Above all, he was interested in everyone he met and was always the best company and he will be missed by many. Condolences to Judy and all the family.
Museum set to reopen
AXBRIDGE& District Museum in King John's Hunting Lodge is gearing up to open for another season on April 1st.
Do an 18th century fire truck, Roman-era skeleton and workhouse coffin have something in common? Yes, they are all to be seen in the museum inside the notable, 16th century, National Trust-owned lodge in medieval Axbridge Square.
These are not the only artefacts on display in the three floors of this small, charming museum, which also holds a wide and varied collection of exhibits relating to the geology and social history of this historic area, from the Stone Age to the mid-20th century.
The three-storey Lodge was built during the area's wool-trading heyday and has had a number of reincarnations in its long life; among them, a tavern, a mini-mall of small shops and traders and, until the 1960s, a private dwelling. The museum is open from April 1st, Wednesday to Sunday, 1-4pm, and from 11am to 4pm on the first Saturday of each month to coincide with the Farmers' Market in Axbridge Square.
Details: www.kingjohnshuntinglodge.co.uk Twitter KingJohnHuntingLodge@AxbridgeMuseum
Spring has sprung!
SNOWDROPS, crocus and even daffodils have made an appearance – but not just the natural ones.
The Shepton Mallet Snowdrop Festival was getting underway as Mendip Times went to press and sculptor Fiona Campbell, from Cranmore, was hard at work using recycled materials to create giant snowdrops to decorate Collett Park in the town.
Using donated materials, including plastic bags, Fiona has used unusual stitching techniques in her work.
Meanwhile, students from Whitstone Academy in the town were helping festival organisers decorate planters celebrating the snowdrop and the town’s Snowdrop King, James Allen – a Victorian plantsmith who discovered ways to hybridise the plant.
And hundreds of visitors enjoyed the snowdrop festival in the grounds of the Bishop’s Palace in Wells. l We’ll bring you full coverage of the Shepton Mallet Snowdrop Festival in the April issue of Mendip Times.
A carpet of snowdrops greets visitors to the Bishop’s Palace gardens
