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Latest Property News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Featured Property content

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...

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...

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

Insolvency—fixed charge receivership

Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

9th Nov

Precedents

Grant of a right for overhanging eaves

1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...

9th Nov

Practice notes

Letter/certificate of non-crystallisation in property transactions

What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...

9th Nov

Precedents

Rent authority letter—commercial property

[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...

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...

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...

9th Nov

Practice notes

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...

Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan

Scottish Law

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

9th Nov

Practice notes

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

9th Nov

Practice notes

Manorial rights

Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...

9th Nov

Practice notes

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

9th Nov

Practice notes

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

9th Nov

Practice notes

Constructive trusts

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

9th Nov

Practice notes

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...

9th Nov

Practice notes

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...

9th Nov

Practice notes

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...

9th Nov

In-house

Most recent Clause bank for property lawyers content

Practice notes

Applicable law clauses

Applicable law clausesThis Practice Note considers applicable law clauses also known as governing law clauses, proper law clauses or choice of law...

15th May

Practice notes

Hague Convention on Choice of Court Agreements—enforcement

Hague Convention on Choice of Court Agreements—enforcementThis Practice Note considers the Hague Convention on Choice of Court Agreements and its...

Produced in partnership with Cara North of Lipman Karas 15th May

Brexit

Practice notes

Hague Convention on Choice of Court Agreements—jurisdiction

Hague Convention on Choice of Court Agreements—jurisdictionThis Practice Note considers the application of the Hague Convention on Choice of Court...

Produced in partnership with Cara North of Lipman Karas 15th May

Brexit

Practice notes

Understanding jurisdiction—a guide for dispute resolution practitioners

Understanding jurisdiction—a guide for dispute resolution practitionersThis Practice Note aims to provide an understanding of what is meant by the...

15th May

Practice notes

Summary assessment (prior to April 2013) [Archived]

Summary assessment (prior to April 2013) [Archived]Archived: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for...

15th May

Practice notes

Indemnity costs (prior to April 2013) [Archived]

Indemnity costs (prior to April 2013) [Archived]ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for...

15th May

Practice notes

Jurisdiction rules

Jurisdiction rulesIn international litigation, there may be a dispute between the parties as to where, ie in which jurisdiction, the dispute between...

15th May

Practice notes

Hague Convention on Choice of Court Agreements—scope

Hague Convention on Choice of Court Agreements—scopeThis Practice Note considers the Hague Convention on Choice of Court Agreements which applies to...

Produced in partnership with Cara North of Lipman Karas 15th May

Brexit

Practice notes

Brexit—jurisdiction [Archived]

Brexit—jurisdiction [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for dealing...

15th May

Brexit

Practice notes

Understanding applicable law—a guide for dispute resolution practitioners

Understanding applicable law—a guide for dispute resolution practitionersThis Practice Note explains what is meant by applicable law, also known as...

15th May

Practice notes

Flood insurance—overview of the market

Flood insurance—overview of the marketIntroduction to flood insuranceThe property, legal and financial markets are becoming increasingly sensitive to...

Produced in partnership with Argyll Environmental and Burges Salmon 15th May

Practice notes

The nature of a general partnership and its legal framework

The nature of a general partnership and its legal frameworkSources of partnership lawThe main body of law governing a general partnership formed under...

15th May

Practice notes

Nature and types of agency

Nature and types of agencyThis Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the...

15th May

Practice notes

The role of boilerplate

The role of boilerplateThis Practice Note discusses the role and importance of the boilerplate clauses in an agreement. It identifies the boilerplate...

15th May

Practice notes

Fiduciary Duties

Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...

Produced in partnership with Keith Bruce-Smith and Oliver Bishop of Sinclair Gibson LLP 15th May

Practice notes

Contract variation

Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a...

15th May

In-house

Practice notes

Executing documents—deeds and simple contracts

Executing documents—deeds and simple contractsThis Practice Note summarises the law, guidance and practice relating to the execution of simple...

15th May

COVID-19

In-house

Practice notes

Entire agreement clauses

Entire agreement clausesThis Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses),...

15th May

In-house

Practice notes

Deeds

DeedsUnder English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...

15th May

In-house

Practice notes

Reasonable and best endeavours

Reasonable and best endeavoursThis Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that...

15th May

In-house