This topic includes a suite of Practice Notes and Precedents covering all aspects of the process of buying and selling land, including conditional contracts and contracts entered into by insolvency practitioners.
Commercial property is a staple for many property lawyers. Coronavirus has introduced changes for landlords and tenants – we’ve taken them and published a suite of precedent Pandemic lease clauses.
We have a broad range of Practice Notes and Precedents for this specialised and complex area. Structured logically – site acquisition, vacant possession, structuring a development project, overage, and rights of light.
Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary. Our daily news feeds and weekly highlights keep you informed of new cases, and legislation.
The British Property Federation (BPF) has called on Government to address the viability crisis facing development across the UK. In its Autumn Budget...
HM Land Registry (HMLR) has updated Practice Guide 50—Requisition and cancellation procedures. Section 2 has been amended to clarify that the View...
The Royal Institution of Chartered Surveyors (RICS) has published an insight paper titled ‘Flooding and its implications for property professionals’,...
The Environment Agency (EA) and the Department for Environment, Food and Rural Affairs (Defra) have published the FloodReady review, setting out...
This week's edition of Property weekly highlights includes: the Law Society issuing a new TA6 property information form, the latest HM Land Registry...
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
The Electronic Communications Code—code rightsFORTHCOMING CHANGE:The Product Security and Telecommunications Infrastructure Act 2022 (PSTIA 2022) is...
Net zero, sustainability and ESG—propertyClimate change and sustainability are now central issues for the property sector. The built environment is a...
Trustees—power of advancementThe trustees are under a duty to manage the trust fund as to both income and capital until the beneficiary reaches the...
Third party interests in construction projectsIn a construction project, the contractor’s contractual relationship under the building contract is only...
Declaration of simple trust of land on severance of joint tenancy of property subject to a mortgageDate [date]Parties1[name of first joint tenant] of...
Deed of easement—right to lay and maintain a drainThis Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [of...
Declaration that property held by trustees for themselves as beneficial joint tenantsDate [date]Parties1[name of first joint tenant] of...
Declaration of express trust for sale by joint tenants to sever the joint tenancy in equityDate [date]Parties1[name of first joint tenant] of...
Declaration of trust—tenancy in commonDate [date]Parties1[name of first joint tenant] of [address]2[name of second joint tenant] of [address](together...
Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...
What is a certificate of title?A certificate of title (also known as a certificate on title) is a particular species of report on title.When...
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are...
Reversionary leasesReversionary leases (or future leases) are granted to take effect in possession at a future date. This Practice Note looks at:•when...
The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Lease surrendersWhat is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant to bring the lease to an end...
Profits à prendreIntroduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land....
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
Cautions against first registrationA caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of...
Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
Sub-sales and assignmentsA sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell...
The transfer of the interest of a tenant under a lease to a new tenant and/or the document by which such a transfer is effected. Landlord's consent is normally required. Assignation is completed only by intimation
An AGA is an agreement whereby an assignor guarantees the performance by the assignee of the lease covenants from which the assignor has been released. It must be entered into where consent to assign is conditional on the assignor guaranteeing the performance of the tenant covenants by the assignee.
This term is generally when referring to the broader private rental market and is usually distinguished from mainstream BTR by the specific design and quality elements associated with BTR