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.
Property Disputes analysis: The Divisional Court has ruled that rent is not payable by contract-holders in Wales unless and until landlords provide...
The Ministry of Housing, Communities and Local Government (MHCLG) has announced that the Renters’ Rights Bill has progressed to its report and third...
HM Land Registry (HMLR) has updated five practice guides: Practice Guide 14—Charities: advice for applications sent to HMLR, Practice Guide...
This week's edition of Property weekly highlights includes: the key property and planning developments to look out for in 2025 and cases on the...
Property analysis: This analysis provides a snapshot of some of the key property developments to look out for in 2025....
Landfills—key waste issuesTypes of wasteIn England and Wales, apart from public health legislation, there was no regulation of landfilling activities...
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Building and Fire Safety—the position in England, Scotland and WalesThis Practice Note sets out the differing positions on building and fire safety in...
Trust Registration Service (TRS) Background to the Trust Registration Service (TRS)HMRC's online Trust Registration Service (TRS) was designed to...
Section 198 and 199 elections on transactions involving real estateFORTHCOMING CHANGE: At Spring Budget 2024, the previous Conservative government...
Capital allowances clauses—property sale contract1Capital allowances—for use where the Seller has claimed a first-year allowance or pooled qualifying...
Election—capital allowances apportionment on grant of lease—CAA 2001, s 199[Date][Grantor's name and Unique Taxpayer Reference (UTR)][Grantee's name...
Election—capital allowances apportionment on sale of land—CAA 2001, s 198[Date][Transferor's name and Unique Taxpayer Reference (UTR)][Transferee's...
Legal charge to secure overage paymentsDate [date]Parties1[name of Buyer] [of OR incorporated in England and Wales (company registration number...
Deed of covenant (imposing new covenants on land—restrictive or positive)Date [date]Parties1[name of Covenantor] [of OR incorporated in England and...
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...
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....
The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
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...
Title guarantee and covenants for titleOn the disposition of a property (whether by way of conveyance, transfer or charge), the party making the...
Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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...
Legal mortgages and legal chargesThe terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not....
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Concurrent and reversionary leasesThere can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a...
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
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...
Contracts for the sale of land—formation, signature and variationIntroductionA contract for the sale, or other disposition, of an interest in land is...
Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
Guide to executing deeds and documents in property transactionsThis Precedent sets out precedent execution clauses for the types of entities most...
A personal right to treat land in a particular way.
Land in respect of which there is an entry on the Register of Title.
The parties to a lease are released from their mutual obligations if rei interitus takes place; that is, if the subjects are without the fault of either party completely destroyed by damnum fatale or can be regarded as constructively destroyed so as to be no longer tenantable. Examples are accidental destruction by fire, overblowing by sand and requisition under statutory authority, but not the loss of a hotel licence. Where the damage is attributable to an 'act of God' and the lease does not allocate liability for this cause of damage, the landlord is not obliged to carry out repairs.