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Real estate representations, warranties and CPs in finance documents

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Extending time for service of the claim form—principles

Extending time for service of the claim form—principles

Coronavirus (COVID-19): If making an application for an extension of time, this may be affected by the impact of coronoavirus (COVID-19) on the

Serving outside the jurisdiction with court permission—jurisdictional gateways

Serving outside the jurisdiction with court permission—jurisdictional gateways

This Practice Note considers the jurisdictional service gateways or grounds for service set out in CPR PD 6B, para 3.1. The Practice Note reviews the

Forum non conveniens—scope and application

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be

Documents to be served on the defendant

Documents to be served on the defendant

This Practice Note sets out the documents that need to be served on the defendant alongside the claim form in civil litigation. The documents are the

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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23rd Oct
Practice notes

Property key future developments tracker

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

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

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

New starter guide—entering into new commercial leases

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
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Practice notes

Lease variations—surrender and re-grant issues

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

Overreaching—sales by trustees of land

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

Acquisition of easements by long use

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

Restrictive covenants—nature and characteristics

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

A summary of types of private residential tenancies

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

Easements—nature and characteristics

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

Standard pre-contract searches

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

Positive covenants—binding successors in title

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
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Practice notes

What is a certificate of title?

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
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Practice notes

Covenants for title

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

Standard Commercial Property Conditions (Second Edition)

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

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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25th Sep

Most recent Real estate representations, warranties and CPs in finance documents content

Practice notes

Real estate finance—financial covenants

For real estate finance lenders, understanding the financial health of the property and the borrower is critical. In a typical real estate finance...
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25th Sep
Practice notes

Real estate finance—covenants in development facilities

Many of the usual covenants for a typical syndicated loan facility will also apply (in some form) to a real estate development finance transaction....
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25th Sep
Practice notes

Real estate finance—conditions precedent and the mechanics of drawdown in investment facilities

Many of the usual conditions precedent (CPs) for a typical syndicated loan facility will also be applicable to a real estate finance transaction. For...
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25th Sep
Practice notes

Real estate finance—representations and warranties in development facilities

Many of the usual representations and warranties for a typical syndicated loan facility will also be applicable to a real estate development finance...
Read More >
25th Sep
Practice notes

Real estate finance—covenants in investment facilities

COVID-19 (Coronavirus): A typical real estate finance facility agreement will require the borrower to collect rent from its occupational tenants and...
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25th Sep
Practice notes

Real estate finance—representations and warranties in investment facilities

Many of the usual representations and warranties for a typical syndicated loan facility will also be applicable to a real estate finance transaction....
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25th Sep
Practice notes

Real Estate Finance: Acting for a lender—property specific conditions precedent

What are conditions precedent?In finance transactions, conditions precedent (CPs) are the conditions which the borrower must satisfy:•(usually) before...
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25th Sep
Practice notes

Real estate finance—conditions precedent and the mechanics of drawdown in development facilities

Many of the usual conditions precedent (CPs) for a typical syndicated loan facility will also be applicable to a real estate finance transaction. For...
Read More >
26th Sep
Precedents

Undertaking to hold title deeds to the order of a lender

TO BE PRINTED ON THE HEADED PAPER OF THE BORROWER’S SOLICITORSTo:[insert details of the lender](the Bank)Dear [insert organisation name]This...
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26th Sep
Precedents

Undertaking to hold a deed of release: for a release of security on receipt of monies due in connection with a debenture or mortgage

[To be printed on the headed paper of the law firm acting for the lender][insert date]To:[insert name and address of the law firm acting for the...
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26th Sep
Precedents

Letter of non-crystallisation of a floating charge under a security agreement

[ON HEADED NOTEPAPER OF CHARGEE][insert the name and address of the buyer/ second lender][insert date]Dear [insert organisation name],[Debenture OR...
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26th Sep
Precedents

Completion undertakings—Release of DS1 when the redemption money is received by the seller’s lender

TO BE PRINTED ON THE HEADED PAPER OF THE SELLER’S LENDER’S SOLICITORSTo:[insert details of the buyer’s solicitors](the Buyer’s Solicitors)[insert...
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26th Sep
Practice notes

Real estate finance—investment facilities—key features

Coronavirus (COVID-19): For information on the implications of the coronavirus outbreak on real estate finance, see Practice Note: Coronavirus...
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26th Sep
Practice notes

Real estate finance—development facilities—key features

Coronavirus (COVID-19): For information on the implications of the coronavirus outbreak on real estate finance, see Practice Note: Coronavirus...
Read More >
26th Sep
Practice notes

Real estate finance—valuers and valuation provisions in facility agreements

COVID-19 (Coronavirus): Property values and the ability to carry out physical inspections of properties on behalf of lenders for valuations are likely...
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26th Sep
Precedents

Completion undertakings—Release of DS1 when the redemption money is released to the seller’s lender’s solicitor

TO BE PRINTED ON THE HEADED PAPER OF THE SELLER’S LENDER’S SOLICITORSTo:[insert details of the buyer’s solicitors](the Buyer’s Solicitors)[insert...
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26th Sep
Precedents

Completion undertaking letter to the lender's solicitors - loan on commercial property

TO BE PRINTED ON THE HEADED PAPER OF THE BORROWER’S SOLICITORSTo:[insert details of the lender’s solicitors](the Lender’s Solicitors), and[insert...
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26th Sep
Practice notes

Real Estate Finance—Property aspects of representations and warranties and common issues

What are representations and warranties?The representations and warranties (representations) contained in a facility agreement (and/or legal mortgage)...
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14th Oct

Popular documents

LEXISNEXIS

Contractual damages—pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual

LEXISNEXIS

Notaries and notarisation—notarisation

The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is

LEXISNEXIS

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is

LEXISNEXIS

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of