Enforcement

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Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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9th Nov
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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9th Nov
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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9th Nov
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Precedents
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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9th Nov
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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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Enforcement content

Practice notes
Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the...
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17th Jan
Practice notes
The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to appoint an LPA receiver. This right may alternatively (and more...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th Jan
Practice notes
Overreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from charges and encumbrances...
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Produced in partnership with Amanda Eilledge of Hardwicke Chambers 15th Jan
Practice notes
This Practice Note considers some issues that may arise in the context of the enforcement of security by the appointment of a receiver over property...
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Produced in partnership with Jonathan Titmuss of Hardwicke 15th Jan
Practice notes
Powers—generalThe statutory powers conferred on an LPA/fixed charge receiver are very limited and so for a receiver to exercise the duties which his...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th Jan
Practice notes
In this Practice Note, ‘borrower’ and ‘mortgagor’ are used interchangeably, as are ‘lender’ and ‘mortgagee’. This Practice Note also applies to fixed...
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Produced in partnership with Peter Levaggi of Charles Russell Speechlys LLP 15th Jan
Practice notes
Receivers—backgroundReceivers have been a recognised in English law as a remedy available to creditors and others wishing to protect their interest in...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th Jan
Practice notes
Impact of appointmentThe effect of the appointment of an LPA/fixed charge receiver is very different from that of an appointment of an administrator,...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th Jan
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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15th Jan
Practice notes
The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential...
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15th Jan
Practice notes
So long as the equity of redemption remains vested in the mortgagor, the mortgagee may not sell the property except under an express or implied power...
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15th Jan
Practice notes
Repayment covenantA claim under the repayment covenant in the principal mortgage can be made against any covenantor, whether principal or surety....
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15th Jan
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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15th Jan
Practice notes
The general prohibitionResidential mortgages provided in the course of a business potentially fall within the Financial Services and Markets Act 2000...
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15th Jan
Q&As
A deed of variation is an agreement between the lessor and the lessee to alter the terms of the lease. There are myriad reasons why a deed of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
When considering how long you are able to make a claim pursuant to a particular document, it is important to determine whether the document you have...
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Produced in partnership with Kate Andrews of Hamlins 8th Jan
Q&As
In Santley v Wilde, Lindley M.R. stated:‘…a mortgage is a conveyance of land…as a security for the payment of a debt or the discharge of some other...
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Produced in partnership with Desmond Kilcoyne 8th Jan
Q&As
What are Bullock and Sanderson orders?When the English Court decides to make a costs order, it will start with the general rule that costs 'follow the...
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Produced in partnership with Jon Lord of Civil & Commercial 8th Jan
Q&As
This Q&A considers the procedure to be followed by a lender wishing to obtain possession of a property where the borrower is in arrears. In...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan

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