The following Property practice note provides comprehensive and up to date legal information covering:
Land Charges searches are not required for dealings with registered land, but if you are acting for a lender in connection with a charge over an interest in property, whether on the acquisition of the interest or otherwise (eg on a remortgage) and whether the property is registered or unregistered, a bankruptcy search under the Land Charges Act 1972 (LCA 1972) should always be made against:
any third party mortgagor (ie where the property to be charged is not or will not be owned by the borrower), and
any guarantor for the borrower
If title to the property includes a deed of gift or a transfer at an apparent undervalue completed within five years of the proposed charge, any such disposition is at risk of being set aside as a preference if the donor or transferor becomes bankrupt during that period (see Practice Notes: Individual insolvency—preferences and Individuals—reviewable transactions—Property). If this is the case, you should also make bankruptcy searches against the donor or transferor and advise your client as to the risk. Indemnity insurance may be required.
Where there has been such a deed of gift or transaction at an apparent undervalue, UK Finance Mortgage Lenders' Handbook (formerly called the CML Handbook) (the Handbook) states that you must be satisfied that the lender will acquire its interest in
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.What is a Part 8 claim?A Part 8 claim is a claim
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
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