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(Electronic Communications Code—Contested Terms (MSV Agreements and Indemnity Provisions) (EE & Hutchison v Hackney LBC)

(Electronic Communications Code—Contested Terms (MSV Agreements and Indemnity Provisions) (EE & Hutchison v Hackney LBC)

The following Property Disputes news provides comprehensive and up to date legal information on (Electronic Communications Code—Contested Terms (MSV Agreements and Indemnity Provisions) (EE & Hutchison v Hackney LBC)

Coronavirus (COVID-19) update—restrictions on enforcement extended

Coronavirus (COVID-19) update—restrictions on enforcement extended

The following Banking & Finance news provides comprehensive and up to date legal information on Coronavirus (COVID-19) update—restrictions on enforcement extended

Islington’s revocation of Ocado’s CLEUD judged lawful by High Court (R (on the application of Ocado Retail Ltd) v Islington London Borough Council)

Islington’s revocation of Ocado’s CLEUD judged lawful by High Court (R (on the application of Ocado Retail Ltd) v Islington London Borough Council)

The following Local Government news provides comprehensive and up to date legal information on Islington’s revocation of Ocado’s CLEUD judged lawful by High Court (R (on the application of Ocado Retail Ltd) v Islington London Borough Council)

Share subscription amounts were consideration for SDLT purposes (Brown and Brown v HMRC)

Share subscription amounts were consideration for SDLT purposes (Brown and Brown v HMRC)

The following Private Client news provides comprehensive and up to date legal information on Share subscription amounts were consideration for SDLT purposes (Brown and Brown v HMRC)

Featured Property content

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...

Template completion statement—sale

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...

Equitable mortgages and equitable charges—general principles and registered land

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

Deed of variation of lease

Deed of variation of lease

This DEED is made on [date]Parties1[Insert name] [of [insert address] OR incorporated in England and Wales with company registration number [insert...

Precedents

Deed of surrender

DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...
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19th May
Q&As

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

There does not appear to be any evidence that an employee of the chargee cannot witness the chargor’s signature.Practice Note: Property deeds—use and...
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19th May
Practice notes

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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19th May
Practice notes

Severance of a joint tenancy

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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19th May
Practice notes

How unincorporated associations hold property

What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...
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19th May
Precedents

Change of control clause—lease of commercial premises

1Change of control1.1In this clause the following definitions apply:Authorised Controller[s]•[[name] [of OR incorporated in England and Wales with...
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19th May
Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the...
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19th May
Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

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
Q&As

Where a transfer contains an estate rentcharge, is it possible to agree that section 121(4) of the Law of Property Act 1925 allowing the rentcharge holder to create a rentcharge lease, shall not apply? If it is possible, do you have a Precedent agreement in this regard?

RentchargesA rentcharge is the payment of a fixed sum of money on an annual basis by the freehold owner of the affected land to the holder of the...
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19th May
Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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19th May
Q&As

A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the transferor’s retained land. If the transferor in practice maintains that fence for over 30 years and pays all related costs, does this prevent the transferor from then enforcing the covenant? Does it make a difference if the ‘T’ marking in the conveyance plan does not appear in the HMLR title plan?

A freehold conveyance of part contained a covenant that the transferee would erect and maintain a boundary fence between the transferred land and the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership

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
Q&As

A property has a Form K restriction registered against the proprietorship register in relation to a third party charging order. Notice of the proposed sale has been given to that third party. On sale of the property, is the seller under any obligation to pay the amount secured by the charging order to the third party?

This Q&A raises the nature of Form K restriction entered under the Land Registration Act 2002 (LRA 2002) and one of the weaknesses from which it is...
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19th May
Practice notes

Drafting suspensive conditions in missives in Scotland

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
tag iconScottish Law
Q&As

Company X has a first legal charge secured against a property. The second legal charge holder is in the process of issuing possession proceedings. If the second charge holder successfully obtains possession order, how will this effect Company X’s first legal charge? For example, will the second charge holder need to pay Company X before they can do anything with the property, ie sell the property?

In answering this Q&A, we have assumed that there is no inter-creditor agreement as between the first and second legal charge holders: such that no...
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Produced in partnership with Christopher Snell of New Square Chambers 19th May
Practice notes

Alterations outside the demise

In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
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19th May

Most recent Due diligence and reporting to lender content

Practice notes

Guide to drafting a certificate of title

Guide to drafting a certificate of titleCertificate of titleThe City of London Law Society (CLLS) Certificate of Title (7th edition, 2016 update)...
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17th Jun
Practice notes

Guide to reviewing certificate of title

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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17th Jun
Practice notes

Key property related documents in investment finance transactions

Key property related documents in investment finance transactionsThis Practice Note sets out the key property related documents and information used...
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10th Jun
Practice notes

Banking and finance—environmental risk

Banking and finance—environmental risk Lenders' risk exposureLenders are increasingly concerned with environmental risk in their day to day secured...
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Produced in partnership with Groundsure 10th Jun
Practice notes

Banking and finance—environmental due diligence and practical ways for lenders to mitigate environmental risks

Banking and finance—environmental due diligence and practical ways for lenders to mitigate environmental risksWhy are lenders concerned about...
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10th Jun
Practice notes

CRC Initial Phase (Phase 2)—issues in finance transactions [Archived]

CRC Initial Phase (Phase 2)—issues in finance transactions [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The CRC...
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10th Jun
Q&As

When will a tenant have an interest that overrides a registered legal charge?

When will a tenant have an interest that overrides a registered legal charge?Overriding interests are interests which are binding on an estate in land...
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6th Jun
Q&As

A lender has asked for a statutory declaration to confirm the use of a mortgaged property, and are refusing to accept a statement of truth. However, the client is infirm and getting to a commissioner for oaths is difficult. Is there any legislation that provides that a statement of truth is as good as a statutory declaration?

A lender has asked for a statutory declaration to confirm the use of a mortgaged property, and are refusing to accept a statement of truth. However,...
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Produced in partnership with Alexander Campbell of Field Court Chambers 6th Jun
Q&As

A 'pre-planning' restrictive covenant indemnity insurance policy protecting against a proposed residential development of a site, which is historically restricted in the deeds, has been obtained. Is it the case that the policy will be cancelled on a planning application being made, or in the event of notification of an objection to the development during the planning process?

A 'pre-planning' restrictive covenant indemnity insurance policy protecting against a proposed residential development of a site, which is...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 6th Jun
Q&As

Is there a standard form development finance agreement including construction provisions?

Is there a standard form development finance agreement including construction provisions?The Loan Market Association (LMA) published a precedent form...
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5th Jun
Q&As

How could the funder of a ‘first purchaser’ of a construction development obtain rights against the construction/design team?

How could the funder of a ‘first purchaser’ of a construction development obtain rights against the construction/design team?It is standard market...
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5th Jun
Q&As

Should a City of London Law Society certificate of title be signed by a firm or an individual solicitor?

Should a City of London Law Society certificate of title be signed by a firm or an individual solicitor?This Q&A assumes that the transaction is under...
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5th Jun
Q&As

A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and has since been removed. The landlord has obtained the health and safety executive notification of asbestos work and also the consignment note for the removal of the asbestos. Does the landlord still need to provide to the tenant an up-to-date asbestos survey or is the documentation showing the removal of the asbestos sufficient?

A landlord is granting a lease of part of a commercial building. Asbestos was located in the property and has since been removed. The landlord has...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 5th Jun
Q&As

What is the difference between joint insured, co-insured and composite insured?

What is the difference between joint insured, co-insured and composite insured?In financing and construction documentation for development projects it...
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5th Jun
Q&As

Will funders, purchasers and tenants accept standard form collateral warranties?

Will funders, purchasers and tenants accept standard form collateral warranties?The standard forms of warranty'>collateral warranty that parties...
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5th Jun
Practice notes

Property portfolio loans—transaction management

Property portfolio loans—transaction managementWhat are portfolio loans?A portfolio is a collection of investments, eg a collection of properties...
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5th Jun
Practice notes

Lenders' breach of trust claims against solicitors

Lenders' breach of trust claims against solicitorsThe 1990s saw a series of cases brought by lenders against their solicitors. The lenders were...
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5th Jun
Practice notes

Negligence in property valuation

Negligence in property valuationThis Practice Note deals with the extent of a valuer’s liability to buyers, sellers and mortgagees for inaccurate...
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5th Jun
Practice notes

Insurance provisions in real estate finance transactions

Insurance provisions in real estate finance transactionsIn real estate finance transactions, the property is the main asset of the borrower and the...
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5th Jun
Practice notes

Long leases—mortgage cure rights

Long leases—mortgage cure rightsA ‘mortgage cure’ clause (or ‘mortgagee protection’ clause) provides some protection to lenders in relation to the...
Read More >
5th Jun

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

Parent company guarantees (PCGs) in construction

Parent company guarantees (PCGs) in construction

Parent company guarantees (PCGs) in constructionIn the construction industry, parent company guarantees (PCGs) are commonly given to the employer by the main contractor’s holding company to guarantee the performance of the contract by the subsidiary main contractor. This is a requirement in almost

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10 December 1982Entry into Force16 November 1994Full textUnited Nations Convention on the Law of the SeaSubject [Catchwords]International Law of the

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)