Due diligence and reporting to lender

Due diligence and reporting to lender guidance:

Solicitors Regulation Authority Code of Conduct 2011 In residential conveyancing the buyer's conveyancer often will also be instructed by the lender to act for the lender...

Practice Note

What additional searches should be undertaken? More specific searches and enquiries may be required depending on the property location, its surrounding area and the...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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,...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

The CRC Energy Efficiency Scheme (CRC Scheme) is a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide emissions and improve energy efficiency in...

Practice Note

Procurement structure As shown in the Development procurement structure—chart the relationship between the third parties with an interest in a construction project will...

Practice Note

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...

Practice Note

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...

Precedents

Date [______________________________20[insert]] Parties 1 [Consultant] (incorporated and registered in England and Wales under company registration number [insert...

Precedents

A valuer estimates or assesses the worth or value of, or fixes a price for, a property. This note does not cover the liability of a valuer acting as an arbitrator. Margin...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

HM Land Registry award good leasehold title where the freehold title (or intermediate title) has not been produced. Provided that the title to the leasehold is...

Practice Note

Certificate of title The City of London Law Society (CLLS) Certificate of Title (7th edition, 2016 update) (Certificate) is generally accepted as the industry standard...

Practice Note

Use of Certificate of title The City of London Law Society (CLLS) Certificate of Title (7th edition, 2016 update) (Certificate) is generally accepted as the industry...

Practice Note

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...

Practice Note

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...

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’). The Property is sold...

Precedents

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...

Practice Note

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...

Practice Note

HM Land Registry introduced identity checks on 3 March 2008 for applications lodged by non-conveyancers. The requirement for confirmation of identity was extended from 10...

Practice Note

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...

Practice Note