Contract clauses

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Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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9th Nov
Precedents
[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]...
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9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
Practice notes
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
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Practice notes
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
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
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
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
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
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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9th Nov
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov

Most recent Contract clauses content

Q&As
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,...
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22nd Jan
Precedents
1DefinitionsArrears•the amounts due from the Tenants up to and including Completion but which have not been received by the Seller or its agents as...
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29th Nov
Precedents
Limitation of trustees’ liability—lease clausesTrustees means the persons named as [Landlord OR Tenant] in this lease and any person appointed as...
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29th Nov
Precedents
Clause 1—DefinitionsAmend the definition of Completion Date:Completion Date•[insert date] being the completion date fixed by the Original ContractAdd...
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29th Nov
Precedents
Special conditionsNote: words in capitals and/or bold have special meanings that are defined in the Glossary. Words that are neither in square...
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29th Nov
Precedents
1DefinitionsBank•[insert name of Bank];Outstanding Matters•satisfaction by the Seller [of all of ]the following matters:(a)[insert details of...
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29th Nov
Precedents
Definitions Deferred SDLT has the meaning as set out in clause [insert number] HMRC Her Majesty’s Revenue and...
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26th Sep
Precedents
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and...
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26th Sep
Precedents
The ScheduleRental guarantee schedule 1 Definitions In this Schedule: 1.1 'Approved Criteria' means the criteria set out in...
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26th Sep
Precedents
Licensing 1 Definitions Business the [insert number ][star] hotel business operated by the Seller at the Property...
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26th Sep
Precedents
1 Definitions Environmental Law all Legislation concerning the environment including the Environmental Protection Act...
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26th Sep
Precedents
1 Anti-bribery—short form—pro-customer Bribery Laws means the Bribery Act 2010[ and associated guidance published...
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26th Sep
Precedents
For insertion in a sale contract The Seller and the Buyer agree that: • except where such disclosure is required in order to comply...
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26th Sep

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