The following Property Q&A Produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
When contracts for the sale and purchase of property are exchanged, the beneficial interest in the property passes to the buyer with effect from exchange of contracts, provided that the contract is specifically enforceable. While the legal title will remain with the seller until completion, the seller will hold the legal estate on trust for the buyer.
Further, between exchange and completion the seller will retain a right to remain in possession under its common law lien as seller, which arises at the date of the contract (that is, the date of exchange) (see: Phillips v Silvester and Re Birmingham). During this period, generally, the powers of ownership, such as the power of the seller to let or change tenants (other than to the buyer), are suspended (see
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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