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.
HM Land Registry (HMLR) has updated two practice guides: Practice Guide 26—Leases: determination and Practice Guide 68—Amending deeds that effect...
Property Disputes analysis: The Privy Council have upheld a tenant's claim to terminate a lease following a landlord's repudiatory breach. While only...
The British Property Federation (BPF) has published a blog post as part of its Spotlight Series, providing insights from its Director of Policy, Ian...
The Ministry of Housing, Communities and Local Government (MHCLG) has updated its guide to the Renters' Rights Bill to capture changes made during its...
The Law Society has published an update on its TA6 form consultation, which received over 1,200 responses from its conveyancing members and other...
Due diligence—share and asset purchasesThis Practice Note provides an overview of the purpose, nature and scope of the due diligence process that is...
Setting up a corporate joint venture—initial considerationsJoint ventureThe term joint venture has no specific legal meaning under UK law. It is...
Key issues for lenders when dealing with a local authority in a commercial finance transactionThis Practice Note considers the key issues which can...
Trust Registration Service (TRS) Background to the Trust Registration Service (TRS)HMRC's online Trust Registration Service (TRS) was designed to...
Tenants’ improvements—LTA 1927The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant of certain holdings to serve notice stating its intention to...
Joint venture shareholders’ agreement—corporate real estate—deadlock (50:50)This Agreement is made on [insert date] 20[insert year]Parties1[Insert...
Joint venture shareholders’ agreement—corporate real estate—majority or minorityThis Agreement is made on [insert date] 20[insert year]Parties1[Insert...
Agreement for lease—Unconditionaldate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales (company registration number [number])...
Licence for alterations with works outside the demiseDate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales (company...
Agreement for lease—Conditionaldate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales (company registration number [number])...
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 disposition of property granted by a party who has no title to it. This was a legitimate device for making good a lack of title if the grantee occupied the property openly peaceably and without judicial interruption for a period of ten years, following the registration of the a non domino disposition. Since 8 December 2014 with the introduction of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party looking to acquire title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration
A right to take from another person’s land something that is part of the soil or is on the soil and is the property of the landowner.
A disposition that must be completed by registration in order to take effect at law.