Development finance

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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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22nd Oct
Practice notes
Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2020 archive•Property key future...
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21st Oct
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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20th Oct
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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20th Oct
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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26th Sep
Practice notes
Presumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a species of common law...
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26th Sep
Practice notes
Covenants restricting the use of land imposed by a seller may be divided into three classes:•covenants imposed for the seller’s own benefit•covenants...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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26th Sep
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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26th Sep
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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26th Sep
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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26th Sep
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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26th Sep
Practice notes
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...
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26th Sep
Practice notes
Under the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994), the seller will normally provide covenants for title, in...
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25th Sep
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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25th Sep
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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25th Sep

Most recent Development finance content

Practice notes
In a construction project, the contractor’s contractual relationship under the building contract is only with the employer. However, in most...
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25th Sep
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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25th Sep
Practice notes
The development documents are key to any real estate finance transaction involving the development of property. They deal with the nature of the...
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25th Sep
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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25th Sep
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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25th Sep
Practice notes
Choosing a structureUnless promoted by a single entity (whether or not with mortgage funding) many developments take place through collaboration. This...
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25th Sep
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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25th Sep
Practice notes
This Practice Note examines the key parties in real estate finance involving the development of property.It does not deal with the lender or other...
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25th Sep
Practice notes
Collateral warranties are a key part of the package of development documents in real estate development facilities. They are typically provided by the...
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25th Sep
Practice notes
Collateral warranties are some of the most important documents in real estate finance development facilities. They are provided by the key members of...
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25th Sep
Practice notes
Many of the usual covenants for a typical syndicated loan facility will also apply (in some form) to a real estate development finance transaction....
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25th Sep
Practice notes
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25th Sep
Practice notes
StructureThis Practice Note assumes that the funder is only providing funding to the JV (ie a loan of cash where the loan will be repaid with...
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25th Sep
Practice notes
Many of the usual representations and warranties for a typical syndicated loan facility will also be applicable to a real estate finance transaction....
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25th Sep
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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25th Sep
Practice notes
The development documentation is a key part of any real estate finance transaction which involves the development of property. For more information,...
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25th Sep
Practice notes
Many of the usual conditions precedent (CPs) for a typical syndicated loan facility will also be applicable to a real estate finance transaction. For...
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26th Sep
Precedents
[insert name of property]Executive summary[insert details]Building contract and related documents1[Design and Build ]Contract—between (1) [insert name...
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26th Sep

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