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.
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.
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.
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.
Law360, London: The insurance industry could be forced to eventually correct the trend of falling prices for property cover if natural catastrophe...
The Ministry of Housing, Communities and Local Government (MHCLG) has announced that the Housing Secretary, Steve Reed, convened a roundtable with...
This week's edition of Property weekly highlights includes: cases on the Building Safety Act 2022, variation of residential leases, section 106...
The Royal Institution of Chartered Surveyors (RICS) has published its first global professional standard for the responsible use of artificial...
The Department for Environment, Food and Rural Affairs (Defra) announced that the Floods Resilience Taskforce has convened its fourth meeting,...
Building Safety Act 2022—landlord and tenant cases trackerThe Building Safety Act 2022 (BSA 2022) case tracker is a list of key landlord and...
Property disputes in Scotland—common law and statutory nuisanceThe most common types of delict to arise in property disputes are negligence, nuisance...
Trusts in commercial property transactions—issues arisingThere are broadly two situations in which trusts are encountered in relation to commercial...
Environmental investigations—types of searches and investigationsPurpose of environmental searches and investigationsEnvironmental investigations are...
Land remediation reliefWhat is land remediation relief?Land remediation relief (LRR) is a relief from corporation tax for expenditure on remediating...
Agreement for sale of long residential leaseDATE [date]Parties1[name of Seller] [of OR incorporated in England and Wales (company registration number...
Appointment of LPA/fixed charge receiverDate [insert date of appointment]Parties1[insert name of Lender] of [insert address] [incorporated in England...
Confidentiality agreement—one-way—pro-discloserThis Agreement is made on [date]Parties1[Insert name of party][ of [insert details] OR a company...
Confidentiality agreement—one-way—pro-recipientThis Agreement is made on [date].Parties1[Insert name of party] [of [insert address] OR a company...
Confidentiality letter—know-how[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][Insert address of recipient]Date:...
Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...
What is a certificate of title?A certificate of title (also known as a certificate on title) is a particular species of report on title.When...
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are...
Reversionary leasesReversionary leases (or future leases) are granted to take effect in possession at a future date. This Practice Note looks at:•when...
The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Lease surrendersWhat is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant to bring the lease to an end...
Profits à prendreIntroduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land....
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
Cautions against first registrationA caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of...
Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
Sub-sales and assignmentsA sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell...
A type of real burden created by section 25 of the Title Conditions (Scotland) Act 2003 (TC(S)A 2003). Where the same or similar real burdens are imposed on two or more units and each of those units is in relation to some or all of those burdens both a benefited and a burdened property, the real burdens will be known as 'community burdens'
Overage (or clawback) is a seller’s right to recover additional payment(s) from a buyer at some point in the future, usually after completion of a sale, often triggered by the occurrence of an event which increases the value of the land (eg the grant of planning or completion of development).
A tenancy regulated by the Housing Act 1985.