The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:
An assent is different from a transfer or conveyance because you can only assent property from the estate of someone who is deceased. In the context of real property and, in particular, registered land, an assent is used by the personal representatives to vest the property in the person or persons entitled to it on the death of the deceased. An assent will not be executed until such time as it is clear that the property in question can be transferred to the beneficiaries having paid the liabilities of the estate. No consideration is payable under an assent and it has no monetary value, so no stamp duty land tax will be payable. Thus, if a beneficiary is paying money to the estate in order for them to be able to take ownership, this is a purchase and not an assent: consequently, a transfer will be required. This situation may occur where there are debts in the estate which could only be paid out of the proceeds of the property. In that event, the benefi
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
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
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