Disclaimer, dissolution and bona vacantia

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Disclaimer, dissolution and bona vacantia content

Q&As
When a company is dissolved, all property and rights vested in or held on trust for a company immediately before dissolution are deemed to be bona...
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22nd Jan
Q&As
Sections 76–78 of the Building Act 1984 (BA 1984) contain provisions allowing local authorities to require certain classes of people to take action to...
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22nd Jan
Q&As
Sub-tenants may remain in possession following a disclaimer of the head-lease, since the head-lease is only determined as between landlord and tenant...
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22nd Jan
Q&As
If land is unregistered, L (a freeholder) grants T (tenant) a lease of that land and T is then dispossessed by S (squatter), the 12-year limitation...
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Produced in partnership with Desmond Kilcoyne 22nd Jan
Q&As
Co-owners of the legal estate in a property hold the interest as joint tenants. Joint tenants do not have a specific share in the property in common...
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22nd Jan
Q&As
This Q&A assumes the following:•that first registration has been triggered under section 4(1)(aa) of the Land Registration Act 2002 but the trustee...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
The dissolution of a limited company results in its property (which includes leasehold interests) vesting in the Crown as bona vacantia. Bona vacantia...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

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