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Real estate representations, warranties and CPs in finance documents

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(Electronic Communications Code—Contested Terms (MSV Agreements and Indemnity Provisions) (EE & Hutchison v Hackney LBC)

(Electronic Communications Code—Contested Terms (MSV Agreements and Indemnity Provisions) (EE & Hutchison v Hackney LBC)

The following Property Disputes news provides comprehensive and up to date legal information on (Electronic Communications Code—Contested Terms (MSV Agreements and Indemnity Provisions) (EE & Hutchison v Hackney LBC)

Coronavirus (COVID-19) update—restrictions on enforcement extended

Coronavirus (COVID-19) update—restrictions on enforcement extended

The following Banking & Finance news provides comprehensive and up to date legal information on Coronavirus (COVID-19) update—restrictions on enforcement extended

Islington’s revocation of Ocado’s CLEUD judged lawful by High Court (R (on the application of Ocado Retail Ltd) v Islington London Borough Council)

Islington’s revocation of Ocado’s CLEUD judged lawful by High Court (R (on the application of Ocado Retail Ltd) v Islington London Borough Council)

The following Local Government news provides comprehensive and up to date legal information on Islington’s revocation of Ocado’s CLEUD judged lawful by High Court (R (on the application of Ocado Retail Ltd) v Islington London Borough Council)

Share subscription amounts were consideration for SDLT purposes (Brown and Brown v HMRC)

Share subscription amounts were consideration for SDLT purposes (Brown and Brown v HMRC)

The following Private Client news provides comprehensive and up to date legal information on Share subscription amounts were consideration for SDLT purposes (Brown and Brown v HMRC)

Featured Property content

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

Fixtures and fittings

Fixtures and fittings

When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...

The Law Society’s Conveyancing Protocol

The Law Society’s Conveyancing Protocol

The Law Society’s Conveyancing Protocol (the Protocol) came into force on 1 April 2011, with the 2019 edition replacing the 2011 edition as of 19...

Standard Commercial Property Conditions (Second Edition)

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...

Precedents

Report on title—long form

Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of...
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19th May
Practice notes

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

Agreements for sale of commercial propertyThe Standard Commercial Property Conditions (First Edition) were published in May 1999. At that stage it had...
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19th May
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Precedents

Epitome of title

Relating to [freehold OR leasehold] pro...
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19th May
Precedents

Deed of grant of easements

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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19th May
Practice notes

Manorial rights

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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19th May
Practice notes

Law Society Practice Notes

Law Society practice notes clarify the Law Society's position on good practice in relation to particular issues and areas of law but are not intended...
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19th May
Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?

The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes

Yielding up and vacant possession

Whether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern leases contain an express covenant...
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19th May
Practice notes

Lease surrenders

What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
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19th May
Q&As

A property has a Form K restriction registered against the proprietorship register in relation to a third party charging order. Notice of the proposed sale has been given to that third party. On sale of the property, is the seller under any obligation to pay the amount secured by the charging order to the third party?

This Q&A raises the nature of Form K restriction entered under the Land Registration Act 2002 (LRA 2002) and one of the weaknesses from which it is...
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19th May
Practice notes

Pre-completion searches

This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...
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19th May
Practice notes

The role of a real estate lawyer in real estate finance transactions

The role of a real estate lawyer in real estate finance transactionsIn both investment and development real estate finance transactions (REF...
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Produced in partnership with Kelly Myles 19th May
Precedents

Special conditions of sale for sale by auction where RICS Common Auction Conditions (4th edition) are used

Special conditionsNote: words in capitals and/or bold have special meanings that are defined in the Glossary. Words that are neither in square...
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19th May
Q&As

Company X has a first legal charge secured against a property. The second legal charge holder is in the process of issuing possession proceedings. If the second charge holder successfully obtains possession order, how will this effect Company X’s first legal charge? For example, will the second charge holder need to pay Company X before they can do anything with the property, ie sell the property?

In answering this Q&A, we have assumed that there is no inter-creditor agreement as between the first and second legal charge holders: such that no...
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Produced in partnership with Christopher Snell of New Square Chambers 19th May
Practice notes

Alterations outside the demise

In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
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19th May
Practice notes

Quistclose trusts

What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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19th May

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

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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8th Jun
Practice notes

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

Real Estate Finance: Acting for a lender—property specific conditions precedentWhat are conditions precedent?In finance transactions, conditions...
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5th Jun
Precedents

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

Completion undertakings—Release of DS1 when the redemption money is received by the seller’s lenderTO BE PRINTED ON THE HEADED PAPER OF THE SELLER’S...
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5th Jun
Precedents

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

Completion undertaking letter to the lender's solicitors - loan on commercial propertyTO BE PRINTED ON THE HEADED PAPER OF THE BORROWER’S...
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5th Jun
Precedents

Undertaking to hold title deeds to the order of a lender

Undertaking to hold title deeds to the order of a lenderTO BE PRINTED ON THE HEADED PAPER OF THE BORROWER’S SOLICITORSTo:[insert details of the...
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5th Jun
Precedents

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

Completion undertakings—Release of DS1 when the redemption money is released to the seller’s lender’s solicitorTO BE PRINTED ON THE HEADED PAPER OF...
Read More >
5th Jun
Precedents

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

Letter of non-crystallisation of a floating charge under a security agreement[ON HEADED NOTEPAPER OF CHARGEE][insert the name and address of the...
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5th Jun
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

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...
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5th Jun
Practice notes

Real estate finance—development facilities—key features

Real estate finance—development facilities—key featuresCoronavirus (COVID-19): For information on the implications of the coronavirus outbreak on real...
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4th Jun
Practice notes

Real estate finance—financial covenants

Real estate finance—financial covenantsFor real estate finance lenders, understanding the financial health of the property and the borrower is...
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4th Jun
Practice notes

Real estate finance—covenants in development facilities

Real estate finance—covenants in development facilitiesMany of the usual covenants for a typical syndicated loan facility will also apply (in some...
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4th Jun
Practice notes

Real estate finance—investment facilities—key features

Real estate finance—investment facilities—key featuresCoronavirus (COVID-19): For information on the implications of the coronavirus outbreak on real...
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4th Jun
Practice notes

Real estate finance—representations and warranties in investment facilities

Real estate finance—representations and warranties in investment facilitiesMany of the usual representations and warranties for a typical syndicated...
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4th Jun
Practice notes

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

Real estate finance—conditions precedent and the mechanics of drawdown in investment facilitiesCoronavirus (COVID-19): For information on what to do...
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4th Jun
Practice notes

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

Real estate finance—conditions precedent and the mechanics of drawdown in development facilitiesMany of the usual conditions precedent (CPs) for a...
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4th Jun
Practice notes

Real estate finance—covenants in investment facilities

Real estate finance—covenants in investment facilitiesCOVID-19 (Coronavirus): A typical real estate finance facility agreement will require the...
Read More >
4th Jun
Practice notes

Real estate finance—representations and warranties in development facilities

Real estate finance—representations and warranties in development facilitiesMany of the usual representations and warranties for a typical syndicated...
Read More >
4th Jun
Practice notes

Real estate finance—valuers and valuation provisions in facility agreements

Real estate finance—valuers and valuation provisions in facility agreementsCOVID-19 (Coronavirus): Property values and the ability to carry out...
Read More >
4th Jun

Popular documents

Enquiries before contract

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international

Nuisance—establishing a claim for private nuisance

Nuisance—establishing a claim for private nuisance

Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise or smell or by the causing of actual physical damage to their property. In

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of