Snow on the way back- UK Government advise to house holders on clearing obstructions
Clearing snow and ice from pavements yourself
The Uk government have responded to the issue of exposure to claims for householders who clear snow from their premises. The information appears on the Direct.gov site and is helpful in reassuring house holders.
An extract of the site is set out below.
Likewise the Irish government throught the attorney general’s office have publicised similar notices.
Clearly these publications address some silly stories which appeared in the media.
The guidance does not excuse careless behaviour e.g. trying to clear snow with boiling water which subsequently freeses and causes an accident or pipe leakages on public paths which cause accidents.
Likewise care should be taken in clearing snow & ice not to cause a tripping hazard!
Basically the law endorses & protects sensible behaviour.
Here’s hoping we don’t see a return to the chaos we experienced in December!!
Extract from UK Direct Gov site;
There’s no law stopping you from clearing snow and ice on the pavement outside your home or from public spaces. It’s unlikely you’ll be sued or held legally responsible for any injuries on the path if you have cleared it carefully. Follow the snow code when clearing snow and ice safely.
The snow code – tips on clearing snow and ice from pavements or public spaces
Prevent slips
Pay extra attention to clear snow and ice from steps and steep pathways – you might need to use more salt on these areas.
If you clear snow and ice yourself, be careful – don’t make the pathways more dangerous by causing them to refreeze. But don’t be put off clearing paths because you’re afraid someone will get injured.
Remember, people walking on snow and ice have responsibility to be careful themselves. Follow the advice below to make sure you clear the pathway safely and effectively.
Clear the snow or ice early in the day
It’s easier to move fresh, loose snow rather than hard snow that has packed together from people walking on it. So if possible, start removing the snow and ice in the morning. If you remove the top layer of snow in the morning, any sunshine during the day will help melt any ice beneath. You can then cover the path with salt before nightfall to stop it refreezing overnight.
Use salt or sand - not water
If you use water to melt the snow, it may refreeze and turn to black ice. Black ice increases the risk of injuries as it is invisible and very slippery. You can prevent black ice by spreading some salt on the area you have cleared. You can use ordinary table or dishwasher salt – a tablespoon for each square metre you clear should work. Don’t use the salt found in salting bins - this will be needed to keep the roads clear.
Be careful not to spread salt on plants or grass as it may cause them damage.
If you don’t have enough salt, you can also use sand or ash. These won’t stop the path icing over as well as salt, but will provide good grip under foot.
Take care where you move the snow
When you’re shovelling snow, take care where you put it so it doesn’t block people’s paths or drains. Make sure you make a path down the middle of the area to be cleared first, so you have a clear surface to walk on. Then shovel the snow from the centre of the path to the sides.
Offer to clear your neighbours’ paths
If your neighbour will have difficulty getting in and out of their home, offer to clear snow and ice around their property as well. Check that any elderly or disabled neighbours are alright in the cold weather. If you’re worried about them, contact your local council.
http://www.direct.gov.uk/en/Nl1/Newsroom/DG_191868
Paul Tracey
Litigation Solicitor
05/01/2011
House Purchaser wins case against obligation to complete purchase of property.
In an interesting case in the North of Ireland heard in the High Court before His Honour, Mr. Justice Denny, a building company was refused their application to force a purchaser to complete a contract to buy an apartment in what is known as the Titanic Quarter of Belfast.
In effect, the argument by the Defendant, a Mr. Neil Rowe, was that he had no funds to complete this transaction. A significant number of cases have apparently appeared before the Court, where developers have tried to enforce their contracts.
This case was seen as something of a test case as to whether impecuniosity constituted a Defence to a claim for an Order for specific performance.
In his Judgement, the Judge indicated that he would set aside that the impossibility of performance is a ground in law for refusing the remedy of specific performance.
He, accordingly, refused the performance sought by the Vendor.
It will be interesting to see whether this case will be followed by cases appearing in Courts “South of the Border”!
Paul Tracey Solicitors 01/09/2010
Ownership of Property – The Options
When two or more people have decided to purchase a property together it is very important to understand the different types of joint ownership available:
Option 1 – By Joint Tenancy
If people hold the title as joint tenants, they each own all of the property and if either of them die, the entire property automatically transfers to the other party on survivorship. This is the manner in which married couples own family homes and other properties. Please note that if the Deed / Transfer does not specifically state the shares owned by the parties, the law presumes that it was the intention of the parties to create a Joint Tenancy. This presumption has serious implications for parties who are not related by marriage, as the Tax Threshold between them is only €24,841.00 (indexed) at present.
Option 2 – Tenants in Common
If people are purchasing as an investment , in partnership, with friends or siblings or in contemplation of marriage at some point in the future, it is preferable to take the title as Tenants in Common. This means that both parties own a share of the property, depending on the proportion of the purchase monies provided by each . The Deeds states specific proportion owned e.g. 50/50, 60/40, 70/30 etc. On the death of a Tenant in Common, their share passes to their Estate and not directly to the other Joint owner. For anyone thinking of buying property in partnership, for whatever reason, it is recommended that a legally binding agrement be put in place. It should cover the following :
- Who the joint owners are and what financial contribution they made
- How long the agreement should last for
- What happens if one of the parties dies, or wants to realise his / her / their share of the property : should the other parties have first option to buy or should the property be sold and the proceeds divided
- What arbitration mechanism should be used to evaluate the property in the event of someone leaving
- Does a partner have the right to sub-let and must that person meet with the approval of the other parties
- Can one of the partners to the agreement take in a boyfriend/girlfriend ?
