Real estate representations, warranties and CPs in finance documents

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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 Real estate representations, warranties and CPs in finance documents content

Practice notes
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
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
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
Many of the usual representations and warranties for a typical syndicated loan facility will also be applicable to a real estate development finance...
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25th Sep
Practice notes
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
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
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
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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26th Sep
Precedents
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
[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
[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
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
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
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
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
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
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
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

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