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Agricultural property

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Latest Property News

Property weekly highlights—16 September 2021

Property weekly highlights—16 September 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—16 September 2021

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

UK parking nightmare—what is happening with NCP’s restructuring plan?

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property content

Resulting trusts

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...

Title guarantee and covenants for title

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

What is a certificate of title?

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 solicitors are instructed to investigate...

Practice notes

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes

Occupiers and overriding interests

Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
Practice notes

Headline rents

What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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19th May
Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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19th May
Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes

Starter tenancies

A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes

Dealing with rights of access in property transactions—Scotland

Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
tag iconScottish Law
Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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19th May
Precedents

Contract for sale—agricultural land—freehold, vacant possession

Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Q&As

What happens to an under lease/sub-lease when the landlord of the under lease lawfully assigns the head lease to the tenant of the under lease so that the tenant of the under lease in effect becomes the tenant of the superior landlord as he has been assigned the head lease? Is the under lease automatically extinguished or does it merge with the head lease?

What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...
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19th May
Practice notes

Tenant’s insurance issues—rent suspension

No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes

Is the agreement a grazing licence or farm business tenancy?

Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes

Who is liable for inherent defects?

Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents

Simple declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)

EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?

The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Agricultural property content

Practice notes

IHT—agricultural property relief

IHT—agricultural property reliefAgricultural property relief (APR) was provided for from the outset when capital transfer tax was introduced by the...
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Produced in partnership with Hayden Bailey and Gabrielle Dewes of Boodle Hatfield 6th Sep
Q&As

Where there is an obligation in a lease on the tenant to provide details of any subtenants to the landlord, but the tenant is refusing to give such information on the grounds of the General Data Protection Regulation, can the landlord insist on such information being provided?

Where there is an obligation in a lease on the tenant to provide details of any subtenants to the landlord, but the tenant is refusing to give such...
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Produced in partnership with Carl Fain of Tanfield Chambers 24th Aug
Practice notes

Agricultural tenancies—assignment, sub-letting and parting with possession

Agricultural tenancies—assignment, sub-letting and parting with possessionAgricultural Holdings Act 1986A landlord and tenant may reach any agreement...
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11th Aug
Practice notes

Agricultural tenancies—rights of succession

Agricultural tenancies—rights of successionStatutory rights of succession in relation to an agricultural tenancy only exist if the Agricultural...
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11th Aug
Practice notes

Agricultural tenancies to which the Agricultural Holdings Act 1986 continues to apply

Agricultural tenancies to which the Agricultural Holdings Act 1986 continues to applyThe Agricultural Holdings Act 1986 (AHA 1986) continues to apply...
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11th Aug
Practice notes

Agricultural tenancies—repair, maintenance and insurance obligations

Agricultural tenancies—repair, maintenance and insurance obligationsAgricultural Holdings Act 1986Where a tenancy agreement is governed by the...
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11th Aug
Practice notes

Agricultural tenancies — end of tenancy compensation

Agricultural tenancies — end of tenancy compensationOn the termination of an agricultural tenancy, including where termination is the result of the...
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11th Aug
Practice notes

Agricultural tenancies—dispute resolution

Agricultural tenancies—dispute resolutionAgricultural Holdings Act 1986The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums...
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11th Aug
Practice notes

Agricultural tenancies—rent review

Agricultural tenancies—rent reviewAgricultural Holdings Act 1986Under the Agricultural Holdings Act 1986 (AHA 1986), either the landlord or the tenant...
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11th Aug
Precedents

Farm Business Tenancy Agreement—term of not more than two years

Farm Business Tenancy Agreement—term of not more than two yearsdate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with...
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Produced in partnership with Joel Woolf of Wright Hassall 10th Aug
Precedents

Licence to use a route over land

Licence to use a route over landDate [date]Parties1[full name of Licensor] [of OR incorporated in England and Wales with company registration number...
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10th Aug
Precedents

Promotion of carbon sinks and ecological restoration in lettings of rural land (The Chancery Lane Project)

Promotion of carbon sinks and ecological restoration in lettings of rural land (The Chancery Lane Project)DEFINITIONSAA 2020•means the Agriculture Act...
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10th Aug
Precedents

Preliminary enquiries on a sale of agricultural land—freehold and leasehold—short form

Preliminary enquiries on a sale of agricultural land—freehold and leasehold—short formRe: [property] (the Property)Seller: [seller]Buyer:...
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10th Aug
Precedents

Farm Business Tenancy

Farm Business Tenancy[HM Land Registry Particulars][LR1. Date of the lease[date]LR2. Title Number[s]LR2.1 Landlord's title number[s][title numbers out...
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10th Aug
Precedents

Deed of easement—Right of way

Deed of easement—Right of waydate [date]Parties1[name of the owner of the Servient Land] [of OR incorporated in England and Wales with company...
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10th Aug
Precedents

Deed of easement—right to lay and maintain a drain

Deed of easement—right to lay and maintain a drainThis Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [of...
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10th Aug
Precedents

Preliminary enquiries in a sale of agricultural land—freehold and leasehold—long form for estates and large farms with dwellinghouses and farm buildings

Preliminary enquiries in a sale of agricultural land—freehold and leasehold—long form for estates and large farms with dwellinghouses and farm...
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10th Aug
Precedents

Contract for sale—agricultural land—freehold, vacant possession

Contract for sale—agricultural land—freehold, vacant possessionDate [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR...
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10th Aug
Precedents

Deed of grant of easements

Deed of grant of easementsThis Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR...
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10th Aug
Precedents

Contract for sale—agricultural land—freehold, vacant possession—bare land

Contract for sale—agricultural land—freehold, vacant possession—bare landDate [date]Parties1[name of (first) Seller] [and [name of second Seller]...
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Produced in partnership with Joel Woolf of Wright Hassall 10th Aug

Popular documents

Indirect discrimination

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international

Lexcel—assessment

Lexcel—assessment

Lexcel—assessmentLexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note tells you

Provisional sums

Provisional sums

Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work that cannot be accurately defined, detailed or valued