Yielding up and vacant possession

Vacant possession

Vacant possession means that the property should be free of:

•
people—the buyer must be able to assume and enjoy immediate and exclusive possession, occupation and control of it
•
chattels—however, the test in respect of chattels is only likely to be breached if any chattels left in the property substantially prevent or interfere with the enjoyment of the right of possession of a substantial part of the property
•
interests—the property must be free of rights of third parties to take possession

See Practice Note: Vacant possession.

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