The covenant for payment of the mortgage debt does not run with the land, and so the assignee of the equity of redemption is not liable to be sued on it by the mortgagee1. This is in accordance with the rules that, except as between lessor and lessee, the burden of the covenant does not run with the land at law and the burden of a positive covenant does not run with the land in equity2. If, however, the assignee is a purchaser on sale, he usually enters into a covenant to indemnify the mortgagor against the debt, and,
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Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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