Execution clauses

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Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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9th Nov
Practice notes
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...
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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
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
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
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
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
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
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
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
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
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Precedents
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 Execution clauses content

Practice notes
This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...
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13th Apr
Practice notes
IntroductionThis Practice Note looks at the use of virtual and electronic signatures in property transactions and considers some of the practical...
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13th Apr
Practice notes
IntroductionThis Practice Note looks at when deeds are required in property transactions, how deeds are validly executed by individuals in accordance...
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9th Apr
Practice notes
Ordinarily, a transfer of land must be made by deed. However, where:•the estate of a deceased person includes a legal or equitable interest in...
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8th Apr
Practice notes
Side letters are often used:•to make arrangements and grant concessions (eg in relation to the permitted use, the standards of repair or rental...
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8th Apr
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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8th Apr
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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8th Apr
Practice notes
The fact that an overseas company is a seller, buyer, landlord, tenant, guarantor or mortgagee in relation to the sale or leasing of land in England...
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8th Apr
Practice notes
Incorporated v unincorporated charitiesThere are currently a number of incorporated or unincorporated structures that are adopted by...
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8th Apr
Precedents
This Precedent sets out precedent execution clauses for the types of entities most commonly encountered in property transactions. It includes...
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6th Apr
Q&As
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...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan
Q&As
Where a school is a foundation school, the school premises are owned either by the governing body or by a charitable foundation. You may wish to...
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29th Nov
Q&As
HM Land Registry Practice Guide 8: execution of deeds, para 2.6 explains:‘There are circumstances in which individuals will be executing a deed not in...
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29th Nov
Precedents
Option 1—contract signed on behalf of an overseas company, where the authorised signatory is an individual Signed by [insert name...
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26th Sep
Precedents
Option 1—deed executed by each partner in the presence of a witness Executed as a deed by [insert name of partner] for and on...
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26th Sep
Precedents
Option 1—deed executed by a limited liability partnership under its common seal, where the limited liability partnership agreement...
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26th Sep
Precedents
Option 1—contract signed on behalf of a limited liability partnership Signed by [insert name of member or other authorised...
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26th Sep
Precedents
Option 1—deed executed by an individual general partner in the presence of a witness Executed as a deed by [insert name of...
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26th Sep

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