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: English property law periodically produces epoch-making decisions of the highest court. In years to come, Waller Edwards v...
The Ministry of Housing, Communities and Local Government (MHCLG) has announced a package of reforms to the Building Safety Regulator (BSR), aimed at...
This week's edition of Property weekly highlights includes: publication of the second edition of the RICS service charge standard, pausing of the Law...
The Ministry of Housing, Communities and Local Government (MHCLG) has published the outcome to the consultation on Awaab's Law and timescales for...
The Financial Conduct Authority (FCA) has published discussion paper DP25/2 to launch a public conversation on the future of the UK mortgage market....
Assignment of a collateral warrantyThis Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are collateral...
Climate Risk and Property: Law Society practice note on climate change and propertyIntroductionThe impact of climate change is introducing a new...
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Flooding—flood risk and developmentIntroduction to flood riskThe UK has a legacy of development within areas at risk of flooding from river, surface...
Display energy certificates (DECs)—what are they and when are they required?What is a display energy certificate (DEC)?DECs were introduced to raise...
Rent review memorandum—commercial leaseRent review memorandumLandlord•[full name of Landlord] [of OR incorporated in England and Wales with company...
Transfer of wholePrecedent transferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from this link: Drafting...
Transfer of portfolio of titles (whole or part)Precedent transferAn adaptable Word version of the precedent form TR5 can be downloaded, saved or...
Transfer of whole by way of exchangePrecedent transferExchanges are now almost invariably effected by separate transfers, each containing the usual...
Transfer of part of a registered leasePrecedent transferThis precedent gives suggested wording for Form TP1 in the rare circumstances of a leasehold...
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...
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...
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
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...
Reversionary leasesReversionary leases (or future leases) are granted to take effect in possession at a future date. This Practice Note looks at:•when...
The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
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....
Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Lease surrendersWhat is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant to bring the lease to an end...
Profits à prendreIntroduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land....
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
Cautions against first registrationA caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of...
Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
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...
an item attached to land or a building which is immovable and thus forms part of the land or property as a result
the exercise of ownership rights over property belonging to another party, most commonly a tenant exercising rights which are not authorised by the lease and which the landlord is entitled to prevent
Land in respect of which there is no entry on the Register of Title.