Transfer clauses

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Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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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 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
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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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
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...
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9th Nov
Precedents
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...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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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
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...
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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
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov

Most recent Transfer clauses content

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
Covenants against nuisance and annoyanceA form of restrictive covenant frequently found in freehold transfers and leases is one imposing a requirement...
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12th 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
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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8th Apr
Practice notes
This Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general content on indemnities, see Practice Note:...
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8th Apr
Practice notes
Restrictive covenants are frequently imposed when land is divided so that future development requires the consent of:•the original seller, or•the...
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8th Apr
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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8th Apr
Practice notes
Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance...
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8th Apr
Practice notes
The use and occupation of land often depends on the land in question having the benefit of easements — for example, a right of way or a right of...
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8th Apr
Practice notes
The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the...
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8th Apr
Practice notes
The current competition regime (Competition Act 1998) prohibits:•anti-competitive agreements (Chapter I)•abuse of a dominant position (Chapter...
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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
Practice notes
An individual or other body (the donor) can confer power on some other competent individual or other body (the attorney) to act as attorney on the...
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8th Apr
Practice notes
This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...
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1st Mar
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Document[s]•the documents particulars of which are set out...
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12th Feb
Precedents
Guarantor•means [insert name of Guarantor] of [[insert address] OR incorporated in England and Wales with company registration number [insert company...
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12th Feb
Precedents
The [assignment OR transfer] of the [Property OR [insert appropriate definition for the property being assigned]] shall contain the following...
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12th Feb
Precedents
1Sale contract—restriction on title1.1The Buyer covenants with the Seller not to dispose or deal in any way with the whole or any part or parts of the...
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Produced in partnership with ELM Law 8th Jan
Precedents
Transfer clauses for a surrender of a leasePanel 9—title guaranteeThe Transferor transfers the Property with [full OR limited] title guarantee [save...
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4th Jan

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