What additional searches should be undertaken? More specific searches and enquiries may be required depending on the property location, its surrounding area and the...
Why are lenders concerned about environmental risk? The ever growing number of environmental laws has affected the way that lenders perceive environmental risk and has...
Lenders' risk exposure Lenders are increasingly concerned with environmental risk in their day to day secured lending businesses. All major UK banks now have to make, to...
The principle of subrogation Subrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy, to ‘step into the...
Land Charges searches are not required for dealings with registered land, but if you are acting for a lender in connection with a charge over an interest in property,...
On every construction project which requires external funding, the lender will appoint its own team of lawyers to draft and/or negotiate the various documents. Part of...
In real estate development finance transactions, the value of the property will increase as the development is completed. The lender will be lending to a borrower to...
Who may be liable? Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA...
The CRC Energy Efficiency Scheme (CRC Scheme) was a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide emissions and improve energy efficiency...
Procurement structure As shown in the Development procurement structure—chart the relationship between the third parties with an interest in a construction project will...
Joint insurance Joint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a single insurance...
Produced in partnership with DLA Piper UK LLP [These clauses are intended for insertion in a Facility Agreement relating to the operation of a business, which involves...
Date [______________________________20[insert]] Parties 1 [Consultant] (incorporated and registered in England and Wales under company registration number [insert...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
The Law Society first issued its practice note on flood risk on 23 May 2013 due to the increasing risk properties face from flooding and the knock on effects it can have...
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 apply. EPC...
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 apply. EPC...
In real estate finance transactions, the property is the main asset of the borrower and the security package taken by the lender will be based around taking adequate...
We have been instructed by [name of Buyer] (the ‘Buyer’) in connection with the purchase of [name of centre/estate/park/building] (the ‘Property’). The Property is sold...
We have been instructed by [name of Buyer] (the ‘Buyer’) in connection with the purchase of [name of centre/estate/park/building] (the ‘Property’). The Property is sold...
This Practice Note sets out the key property related documents and information used or reviewed by real estate lawyers in an investment finance transaction along with...
Land contamination liabilities The main types of liabilities associated with land contamination and water pollution are summarised in Table A. Table A—Summary of main...
Coronavirus (COVID-19): HM Land Registry has introduced a new Practice Guide 67A: temporary changes to HM Land Registry’s evidence of identity requirements that deals...
When providing finance for any development or construction project, the lender (or funder) and its advisers will use various methods to protect the lender’s position. The...
The 1990s saw a series of cases brought by lenders against their solicitors. The lenders were attempting to recover mortgage advances where they had suffered loss,...
A ‘mortgage cure’ clause (or ‘mortgagee protection’ clause) provides some protection to lenders in relation to the landlord’s rights to forfeit a lease (or to terminate a...
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature. For news and guidance...