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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
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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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 ‘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
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
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
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
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
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
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov

Most recent Commercial real estate finance content

Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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21st Jan
Practice notes
What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...
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21st Jan
Practice notes
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of documents and company...
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21st Jan
Precedents
We have been instructed by [name of Buyer] (the ‘Buyer’) in connection with the purchase of [name of centre/estate/park/building] (the ‘Property’)....
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21st Jan
Precedents
We have been instructed by [name of Buyer] (the ‘Buyer’) in connection with the purchase of [name of centre/estate/park/building] (the ‘Property’)....
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21st Jan
Practice notes
Coronavirus (COVID-19): For information on what to do if an energy performance certificate is required as a condition precedent during the coronavirus...
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20th Jan
Practice notes
A legal opinion should be obtained in respect of any property transaction in England and Wales entered into with an overseas company; for example, the...
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20th Jan
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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20th Jan
Practice notes
Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written...
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19th Jan
Practice notes
Funding optionsWhen setting up a joint venture (JV), the parties will need to consider how the JV is to be funded, both initially and throughout the...
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18th Jan
Practice notes
When a bank or other finance provider decides to provide funding for a construction or development project, it will often appoint a project monitor...
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18th Jan
Practice notes
On every construction project which requires external funding, the lender will appoint its own team of lawyers to draft and/or negotiate the various...
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18th Jan
Practice notes
Procurement structureAs shown in the Development procurement structure—chart the relationship between the third parties with an interest in a...
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18th Jan
Practice notes
The facility agreement is the principal document in the suite of documents which is needed for the provision of finance for a development or...
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18th Jan
Practice notes
This Practice Note looks at the construction due diligence process and how a construction lawyer will be involved where a client is buying a property...
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18th Jan
Practice notes
What is a facility agreement?Many construction projects, particularly larger ones, require external funding from banks or other lenders to finance...
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18th Jan
Practice notes
This Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are collateral warranties?). For more detailed guidance...
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18th Jan
Practice notes
Banks and other funders frequently take an assignment of the benefit of the suite of construction documents in respect of a development as an...
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Produced in partnership with Maxwell Winward 18th Jan
Practice notes
When providing finance for any development or construction project, the lender (or funder) and its advisers will use various methods to protect the...
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18th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan

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