Transfer clauses

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Practice notes
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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19th May
Practice notes
An agreement for lease is required where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party...
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19th May
Practice notes
Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...
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19th May
Practice notes
Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...
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19th May
Practice notes
Guide to reviewing certificate of titleCoronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to...
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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May
Practice notes
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came into force on 1 January 1997. Under it:•the trust for sale is replaced by...
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19th May
Practice notes
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge...
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19th May
Practice notes
Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...
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19th May
Practice notes
Coronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19), consideration should be given to all longstop dates when drafting and...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...
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19th May
Practice notes
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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19th May
Q&As
The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Most recent Transfer clauses content

Practice notes
Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
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3rd Aug
Practice notes
Positive covenants—binding successors in titleA covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities...
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3rd Aug
Q&As
Is there specific wording which needs to go into a Transfer of Part where the registered proprietor is deceased, and so, once probate is obtained, the...
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1st Aug
Practice notes
Competition law—abuse of a dominant positionThe current competition regime (Competition Act 1998) prohibits:•anti-competitive agreements (Chapter...
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31st Jul
Practice notes
Powers of attorney in property transactions—summaryAn individual or other body (the donor) can confer power on some other competent individual or...
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31st Jul
Practice notes
Interpreting covenants—nuisance or annoyanceCovenants against nuisance and annoyanceA form of restrictive covenant frequently found in freehold...
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31st Jul
Practice notes
Remote execution of documents in property transactions—virtual and electronic signaturesIntroductionThis Practice Note looks at the use of virtual and...
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31st Jul
Practice notes
Easements—interpreting the use and extentThe use and occupation of land often depends on the land in question having the benefit of easements — for...
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31st Jul
Practice notes
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
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31st Jul
Practice notes
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
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31st Jul
Practice notes
Interpreting covenants—whose consent is required?Restrictive covenants are frequently imposed when land is divided so that future development requires...
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31st Jul
Practice notes
Competition law—grocery retailersThe Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions...
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31st Jul
Practice notes
Probate and transferring landOrdinarily, a transfer of land must be made by deed. However, where:•the estate of a deceased person includes a legal or...
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30th Jul
Precedents
Transfer Guarantee ClauseGuarantor•means [insert name of Guarantor] of [[insert address] OR incorporated in England and Wales with company...
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30th Jul
Practice notes
Executing deeds and documents in property transactions—charitiesIncorporated v unincorporated charitiesThere are currently a number of incorporated or...
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30th Jul
Precedents
Transfer clauses for a surrender of a leaseTransfer clauses for a surrender of a leasePanel 9—title guaranteeThe Transferor transfers the Property...
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30th Jul
Precedents
Transfer clauses for a surrender of part and variation of a leaseTransfer clauses for a surrender of part and variation of a leasePanel 10—title...
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30th Jul
Precedents
Sale of part—informal apportionment of rent and service chargeThe [assignment OR transfer] of the [Property OR [insert appropriate definition for the...
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30th Jul
Precedents
Specific clauses for transfers—indemnity covenantPanel 11 (transfer of whole)/panel 12 (transfer of part)—Additional...
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30th Jul

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