Due diligence and reporting to lender

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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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23rd 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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23rd Oct
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
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
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 Due diligence and reporting to lender content

Practice notes
This Practice Note provides a summary of the purpose, nature and scope of the property aspects of the due diligence process that is carried out by the...
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25th Sep
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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25th Sep
Practice notes
This Practice Note sets out the key property related documents and information used or reviewed by real estate lawyers in an investment finance...
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25th Sep
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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25th Sep
Practice notes
In real estate development finance transactions, the value of the property will increase as the development is completed. The lender will be lending...
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25th Sep
Practice notes
Why are lenders concerned about environmental risk?The ever growing number of environmental laws has affected the way that lenders perceive...
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25th Sep
Practice notes
What additional searches should be undertaken?More specific searches and enquiries may be required depending on the property location, its surrounding...
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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
Lenders' risk exposureLenders are increasingly concerned with environmental risk in their day to day secured lending businesses. All major UK banks...
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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
See: Transaction Management—overview topic to browse all of our content on transaction management.A transaction at a glanceA typical property...
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25th Sep
Practice notes
Brexit impactAs 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...
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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
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...
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25th Sep
Practice notes
Land contamination liabilitiesThe main types of liabilities associated with land contamination and water pollution are summarised in Table A.Table...
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25th Sep
Practice notes
What are portfolio loans?A portfolio is a collection of investments, eg a collection of properties which may be held by an investment company, hedge...
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25th Sep
Practice notes
The 1990s saw a series of cases brought by lenders against their solicitors. The lenders were attempting to recover mortgage advances where they had...
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25th Sep
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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25th Sep
Practice notes
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...
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25th Sep
Practice notes
A ‘mortgage cure’ clause (or ‘mortgagee protection’ clause) provides some protection to lenders in relation to the landlord’s rights to forfeit a...
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25th Sep

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