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About Property Law

Property is one of the most complex areas of law. Some of it is rooted in ancient laws – but case law is constantly changing. The stakes are high, but research time is in short supply. Lexis+ Property brings all of the different sources you need together so you can find the answers you need, fast.

Transferring property

This topic includes a suite of Practice Notes and Precedents covering all aspects of the process of buying and selling land, including conditional contracts and contracts entered into by insolvency practitioners.

Leasing property

Commercial property is a staple for many property lawyers. Coronavirus has introduced changes for landlords and tenants – we’ve taken them and published a suite of precedent Pandemic lease clauses.

Property development

We have a broad range of Practice Notes and Precedents for this specialised and complex area. Structured logically – site acquisition, vacant possession, structuring a development project, overage, and rights of light.

Property disputes

Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary. Our daily news feeds and weekly highlights keep you informed of new cases, and legislation.

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Latest Property Q&As

Q&As
What are the risks faced by the grantee of an option over land in Scotland and how can these be mitigated?
Q&As
How might a developer (D) and local authority (LA) structure a development on LA land and are there any special restrictions on the LA’s ability to enter into a development contract?
Q&As
Where a property transfer arrangement includes a clawback (or overage) agreement entitling a public authority or other party to a payment on the future disposal of certain units, and the authority subsequently wishes to acquire some of those units from the owner, what legal and drafting considerations arise if the parties want to offset any clawback payment against the purchase price? In circumstances where the existing agreements do not expressly address this scenario, is such an arrangement typically dealt with by amending the clawback agreement, by provisions in the sale contract, or by another mechanism? Are there any standard drafting approaches or precedents that may be relevant?
Q&As
I am instructed on behalf of a local authority. In 1980 a lease was granted between a development company and a pub in the borough (original lease). Following this, a lease of the reversion (concurrent lease) was granted to the local authority by the development company. The local authority became the intermediate landlord. The local authority now wish to vary the terms of the original lease. Are they able to agree a variation to this lease given that they are not a party to that original lease, but instead have a lease of the reversion?
Q&As
Where a document is expressed to create a ‘charge’ but is not registered as a legal charge, and is only protected by a restriction, how does it rank as against a subsequently created and registered legal charge created?
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Associated legal terms

Freehold

The most extensive estate in land.

Hypothec

Hypothec has no equivalent in England. It is a landlord security right, and exists by operation of Scots law to provide a landlord with a security interest on any property of a tenant on the leased property as security for unpaid arrears of rent. So, unlike England where pre-administration rent arrears are classed as unsecured (as per Goldacre) a landlord is entitled to the proceeds of stock and goods of the tenant on site at administration to pay pre-appointment and post-appointment rent falling due, as well as to payment of rent as an expense of administration as it falls due, where the administration uses the leased premises.

Tenancy in common

Ownership of land by two or more persons so that each is entitled to a share of the proceeds.
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