Structure of real estate finance

Copyright © 2025 LexisNexis

The role of the real estate lawyer

In both investment and development real estate finance transactions, lawyers will also play a key role in negotiating all the documentation. Real estate lawyers will be of particular importance, providing reports to both the lender(s) and the borrower in relation to the title of the property being acquired and/or developed.

Depending on the nature and size of the transaction, the real estate lawyer may be instructed by the funder directly (usually one of the main institutional lenders) to prepare the funder's standard in-house documents such as the facility agreement, legal charge, guarantees and other security documents as well as undertake due diligence and report to the funder either using its own form of in-house report or using the City of London Law Society Certificate of Title. In this instance, the real estate lawyer may be involved in completing the legal charge as well as any other ancillary security as part of the security package.

In larger transactions, the real estate lawyer will often work with the banking and finance lawyers on a transaction either acting for the borrower or the

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Property News

Planning reform working paper—reforming site thresholds

Planning analysis: The government has published a working paper on reforming site size thresholds to support housing delivery on different types of sites. This means taking a gradated approach to the system as a whole—removing and streamlining disproportionate requirements on small and medium sites, while maintaining and strengthening requirements on major development. This analysis looks at the key proposals and implications.

Construction industry bodies responses to Spending Review 2025

Following the publication of the Spending Review on 11 June 2025, several construction industry bodies have released their responses.

Property weekly highlights—12 June 2025

This week's edition of Property weekly highlights includes: Spending Review 2025, the Law Society’s technical note on physical climate risks following its recently published practice note on climate change and property practice, mandatory solar panels for new homes, an AI tool to accelerate the planning permissions process and cases on town or village greens, common intention constructive trusts, residential service charges and rent repayment orders.

Spending Review 2025—key Planning announcements

In the Spending Review (SR) 2025, presented on 11 June 2025, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, announced several measures impacting the planning sector. Key announcements relate to investment in housing, regional growth and devolution, transport, and AI.

View Property by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Contributory negligence in personal injury claims

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a