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Q&As
A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the...
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2nd Mar
Practice notes
Title guarantee and covenants for titleOn the disposition of a property (whether by way of conveyance, transfer or charge), the party making the...
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1st Mar
Practice notes
Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
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1st Mar
Practice notes
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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1st Mar
Practice notes
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...
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2nd Mar
Practice notes
Legal mortgages and legal chargesThe terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not....
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2nd Mar
Practice notes
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
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2nd Mar
Practice notes
Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
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2nd Mar
Practice notes
Concurrent and reversionary leasesThere can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a...
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2nd Mar
Practice notes
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
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1st Mar
Practice notes
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...
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2nd Mar
Practice notes
Contracts for the sale of land—formation, signature and variationIntroductionA contract for the sale, or other disposition, of an interest in land is...
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1st Mar
Practice notes
Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
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1st Mar
Precedents
Guide to executing deeds and documents in property transactionsThis Precedent sets out precedent execution clauses for the types of entities most...
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2nd Mar
Precedents
Supplemental agreement/deed of variation to vary a property sale contractThis [Agreement OR Deed] is made on [insert date]Parties1[Insert name of...
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2nd Mar
Practice notes
Assignments of leases—when to register at HM Land RegistryThis Note considers registration at HM Land Registry following the assignment of a lease....
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1st Mar

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