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.
This week's edition of Property weekly highlights includes: a look at the draft Building Safety Levy regulations and cases on the right to manage,...
HM Land Registry (HMLR) has announced enhancements to its portal, enabling customers to search for and view first registration applications in the...
Restructuring & Insolvency analysis: The court held that six declarations of trust (DoTs) executed by the transferor (Mr Dixon) in favour of his wife...
Property Disputes analysis: The Court of Appeal held that a right to manage (RTM) company’s claim notice was invalid because the company failed to...
HM Land Registry (HMLR) has updated Practice Guide 8—Execution of deeds. Section 7 has been updated to provide further clarity on when a local...
Debt relief orders (DROs)What is a DRO?DROs are 'a new and simplified way of wiping the slate clean for debtors who are too poor to go bankrupt'.A DRO...
Voluntary arrangement of general partnershipsIn addition to the better-known company voluntary arrangements (CVAs) and individual voluntary...
Effect of the debtor's death on an insolvency processWhat happens when a debtor dies?A person may die insolvent. Their estate will be insolvent where...
Insolvency of general partnerships—administrationBackgroundThe regime for administration of general partnerships is very similar to the administration...
Possession and sale applications in respect of a bankrupt's family homeWhen the bankrupt's estate vests in the trustee in bankruptcy (trustee)...
Code agreement—Ofcom’s standard termsThis Agreement is made on [date] between:Parties1[name], whose [address/registered office] is at [address] (the...
Tenant’s option to purchase the reversion clause—lease1Tenant’s option to purchase reversion1.1DefinitionsIn this clause 1, the following additional...
Report on title—property report for leasehold occupier [Archived]ARCHIVED: This Precedent has been archived and is not maintained.To: The [directors...
Exclusivity agreement—propertyDate [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number]...
Call option—grant of a lease of whole—fixed price (plus indexation)date [date]Parties1[name of Landlord] [of OR incorporated in England and Wales...
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...