Clause bank for property lawyers

Practice notes

Hague Convention on Choice of Court Agreements—enforcement

Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For general...

26th Jan

Brexit

Practice notes

Hague Convention on Choice of Court Agreements—jurisdiction

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For general guidance on the...

Produced in partnership with Cara North of Lipman Karas 26th Jan

Brexit

Q&As

A client is letting a property to a tenant who is the Secretary of State for a UK government department. What is the correct form of execution of a deed by the Secretary of State? The tenant’s solicitor proposes to execute the document by way of affixing the seal of the Secretary of State to the document together with a signature of an authorised person. Is there authority to do this?

Government departments and government ministers (when acting in their official rather than their personal capacity) are generally regarded as...

22nd Jan

Q&As

Do you have a carve clause for inherent defects?

We refer you to Precedent: Pie crust lease which contains a definition of ‘inherent defect’ and an exclusion at clause 15.4. We would refer you also...

22nd Jan

Q&As

Is a lease valid if it is missing the signature of the tenant? Would the position change if there is a subsequent deed of variation entered into (approximately nine months later) containing the signatures of all the parties including the tenant?

Section 52 of the Law of Property Act 1925 (LPA 1925) is of relevance to this scenario. Section 52 provides that all conveyances of land or of any...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan

Q&As

Where a property is subject to a (BT) wayleave agreement, should the transfer expressly state that the property is being sold subject to that agreement? Should the transfer contain any additional clauses to protect the seller in relation to post-sale non-compliance with the obligations on the part of the landowner in the agreement?

It is not clear how the wayleave has arisen. One often sees agreements entered into with the providers of electronic communications under the...

22nd Jan

Q&As

Terms for a new lease have been agreed. The landlord will grant the tenant a rent concession and this concession will be contained in a side letter, personal to the tenant. The lease will include an ‘entire agreement’ clause. Should the entire agreement clause be amended so that the side letter is deemed to be part of the agreement?

What is an entire agreement clause?An entire agreement clause is one which asserts that the contract contains the whole agreement between the parties...

Produced in partnership with Elizabeth England of 42 Bedford Row 22nd Jan

Q&As

How does a rental guarantee agreement work in a residential development context and is it appropriate for a developer to use the promise of a guaranteed yield as an incentive in their market campaign?

Guaranteed rentThe usual meaning of a rental guarantee in a residential property context is that a seller/developer of a property will guarantee to...

22nd Jan

Q&As

What are the implications for a buyer of a local search result revealing a section 220 notice of the Highways Act 1980 as a land charge? To avoid this, should the buyer obtain a retention from the seller?

Local authority searchThe local authority (LA) search is a search of the LAs records in respect of the property. It is made up of three forms: LLC1,...

22nd Jan

Q&As

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an electronic signature; where one counterpart is wet ink signed and the other counterpart is signed by virtual means (a Mercury signature); or where one counterpart has a Mercury signature and the other counterpart has been signed with an electronic signature.

The practice of electronic signing of documents has risen in popularity in recent times, and has accelerated further as a result of the coronavirus...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

COVID-19

Q&As

Is a commercial lease for a term of 15 years, which contains a tenant break option to determine the lease on each anniversary of the term commencement date, capable of being excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954), or would this be deemed to be an uncertain term?

To be capable of being contracted out from the security of tenure given to business tenants under Part II of the Landlord and Tenant Act 1954 (LTA...

22nd Jan

Practice notes

Execution of deeds—HM Land Registry requirements

Execution of deedsMost deeds entered into in the course of a property transaction will require substantive registration or the making of entries on...

20th Jan

COVID-19

Practice notes

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

19th Jan

Practice notes

Understanding jurisdiction—a guide for dispute resolution practitioners

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...

18th Jan

Practice notes

The nature of a general partnership and its legal framework

Sources of partnership lawThe main body of law governing a general partnership formed under English law (as opposed to a limited liability...

18th Jan

Practice notes

Applicable law clauses

Brexit: The UK's departure from the EU has implications for practitioners considering which country’s laws will be applied when determining a dispute....

18th Jan

Practice notes

Summary assessment (prior to April 2013) [Archived]

Archived: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.What is summary...

18th Jan

Practice notes

Jurisdiction rules

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...

18th Jan

Practice notes

Understanding applicable law—a guide for dispute resolution practitioners

This Practice Note explains what is meant by applicable law, also known as governing law, proper law or the choice of law ie the law used to determine...

18th Jan

Practice notes

Brexit—jurisdiction [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for dealing with jurisdiction of disputes...

18th Jan

Brexit

View Property by content type:

Latest Property News

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Budget 2018—what does it mean for infrastructure and housebuilding?

Harvesting the sun—closing down a solar farm

The modern industrial strategy—what does it mean for delivering affordable energy and clean growth?

Featured Property content

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Manorial rights

Rent deposit deeds—common structures

Consecrated ground and burial grounds—issues for developers

Most recent Clause bank for property lawyers content

Popular documents

The doctrine of res judicata

Quantum meruit (value of services) and quantum valebat (value of goods)

Insurance conduct regulation—COBS and ICOBS

Third party rights—the common law doctrine of privity of contract

Contact Us

Popular Links

Policies

Follow us