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Latest Property News

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

The following Property news provides comprehensive and up to date legal information on Former coach house was not suitable for use as a dwelling for SDLT purposes (Mullane v HMRC)

Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

The following Property Disputes news provides comprehensive and up to date legal information on Liability for costs of repair (City of London v Leaseholders of Great Arthur House)

Property weekly highlights—29 April 2021

Property weekly highlights—29 April 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—29 April 2021

Featured Property content

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...

Constructive trusts

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...

The equity of redemption

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

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...

Practice notes

Quistclose trusts

What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes

Pre-completion searches

Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
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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9th Nov
Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Precedents

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Practice notes

Concurrent and reversionary leases

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

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
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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9th Nov
Practice notes

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
tag iconIn-house
Practice notes

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

The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes

Sub-sales and assignments

A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov
Precedents

Landlord’s Section 45 Counter—notice to Tenant s 42 Notice

Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Agricultural property content

Q&As

Can you register an annual periodic tenancy at HM Land Registry?

Pursuant to sections 3(3), 4(1)(c) and 27(2)(b)(i) of the Land Registration Act 2002 (LRA 2002), an annual periodic tenancy is not required to be...
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27th Apr
Q&As

If an occupier of agricultural land has been cultivating it for business purposes but no rent has been paid or any formal agreement entered into, could this be deemed a periodic tenancy even though no rent has been paid?

In answering this question, it has been presumed that the tenant has not remained in occupation following a formal licence/tenancy. It has been...
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27th Apr
Precedents

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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26th Apr
Practice notes

Issues which arise on developing agricultural land

A number of issues can arise when land ceases to be used for agricultural purposes, whether as the result of a disposal of the land out of farming...
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14th Apr
Practice notes

Contracts for the sale of land—formation, signature and variation

IntroductionA contract for the sale, or other disposition, of an interest in land is void unless it complies with section 2 of the Law of Property...
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13th Apr
Precedents

Lease of bare land—agricultural

[LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this lease is granted. Leave blank if not...
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9th Apr
Practice notes

IHT—agricultural property relief

Agricultural property relief (APR) was provided for from the outset when capital transfer tax was introduced by the Finance Act 1975. The nature of...
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Produced in partnership with Hayden Bailey and Gabrielle Dewes of Boodle Hatfield 9th Apr
Practice notes

End-of-Term compensation for improvements under the Agricultural Tenancies Act 1995

Improvements are the only matters for which a tenant under a farm business tenancy may can claim compensation at the end of the term. For the purposes...
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8th Apr
Practice notes

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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8th Apr
Practice notes

Agricultural tenancies — compensation for disturbance

A farm tenant may be entitled to compensation for disturbance where:•the tenant quits the holding after receiving a notice to quit from the landlord,...
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8th Apr
Practice notes

Notice to complete

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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8th Apr
tag iconCOVID-19
Practice notes

Agricultural tenancies—repair, maintenance and insurance obligations

Agricultural Holdings Act 1986Where a tenancy agreement is governed by the Agricultural Holdings Act 1986, the obligations of the landlord and the...
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8th Apr
Practice notes

Agricultural tenancies — landlord claims for compensation at the end of the tenancy

Agricultural Holdings Act 1986Where the tenant quits all or part of a holding to which the Agricultural Holdings Act 1986 (AHA 1986) applies, the...
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8th Apr
Practice notes

Agricultural tenancies—notices to quit an agricultural holding

Any notice served under the Agricultural Holdings Act 1986 (AHA 1986) must, at the bare minimum, comply with the common law requirements in relation...
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8th Apr
Practice notes

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

Agreements for sale of commercial propertyThe Standard Commercial Property Conditions (First Edition) were published in May 1999. At that stage it had...
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8th Apr
tag iconIn-house
Practice notes

Agricultural tenancies — end of tenancy compensation

On the termination of an agricultural tenancy, including where termination is the result of the landlord serving a notice to quit, both the landlord...
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8th Apr
Practice notes

Agricultural tenancies—dispute resolution

Agricultural Holdings Act 1986The Agricultural Holdings Act 1986 (AHA 1986) provides three different forums for the resolution of disputes in relation...
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8th Apr
Practice notes

End-of-Term compensation for ‘old’ improvements under the Agricultural Holdings Act 1986

EligibilityOn terminating their tenancy and quitting an agricultural holding, the tenant has a statutory right under the Agricultural Holdings Act...
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8th Apr
Practice notes

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

The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
Read More >
8th Apr
Practice notes

Vacant possession

Vacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion.In Dreams v Pavilion...
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8th Apr

Popular documents

LEXISNEXIS

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not

LEXISNEXIS

What is a tort?

This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What

LEXISNEXIS

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 title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets

LEXISNEXIS

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for