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.
This week's edition of Property weekly highlights includes: cases on repudiatory breach of a lease, the Tenant Fees Act 2019 and the right to manage,...
Planning analysis: An English Devolution White Paper (the Paper) proposes to give Mayors new development management powers, including the ability to...
HM Land Registry (HMLR) has published a blog post, addressing common issues associated with easement applications, aiming to assist conveyancers and...
Environment analysis: The UK government has launched a consultation to reform the Energy Performance of Buildings (EPB) regime, a crucial step towards...
Property Disputes analysis: the Court of Appeal addressed whether tenancy fees can amount to prohibited payments under the Tenant Fees Act 2019 (TFA...
Environmental impact assessment and appropriate assessment/habitats regulations assessmentIntroductionWhere an environmental impact assessment (EIA)...
Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paidIntroductionCommunity...
Biodiversity net gain in EnglandWhat is biodiversity net gain?Biodiversity net gain (BNG) is a principle which aims to leave the natural environment...
Works to trees, tree preservation orders and trees in conservation areasWorks to treesGenerally, work to trees does not constitute development under...
Electronic signaturesThis Practice Note describes the law of electronic signatures (also known as digital signatures, e-signatures, E-Signatures,...
Property put and call option—fixed price (plus indexation) or market valuedate [date]Parties1[name of (first) Seller] [and [name of second Seller]...
Coronavirus delay clause [Archived]ARCHIVED: This archived Precedent clause is not maintained and is for background information...
Contract for sale (residential)—sale by chargee in exercise of an order for sale following a charging orderdate [date]Parties1[name of (first) Seller]...
Template completion statement—saleThis Precedent is an adaptable Word template, which can be saved, downloaded or printed from this link:Completion...
Simple declaration (agreement to surrender a business tenancy)I [name of declarant] of [address] declare that—1[I have OR [name of tenant] has] a...
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...
An order that a carry out some practical action which they have undertaken or are obliged to do.
Mutual agreement between landlord and tenant that the lease will determine before the term end in a manner not set out in the lease. An express surrender is achieved formally; a surrender by operation of law (implied surrender) occurs when the parties’ unequivocal conduct demonstrates the lease no longer continues.
An amount payable by a person in possession or occupation of land in circumstances when that person has no right to be in possession or occupation.