Structure of real estate finance

View Property by content type:

Latest Property News

Featured Property content

Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
Read More >
9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
Read More >
9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
Read More >
9th Nov
Practice notes
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...
Read More >
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...
Read More >
9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
Read More >
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...
Read More >
9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
Read More >
9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
Read More >
Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
Read More >
9th Nov
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...
Read More >
9th Nov
Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
Read More >
9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
Read More >
9th Nov
Practice notes
Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...
Read More >
9th Nov
Practice notes
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
Read More >
9th Nov
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...
Read More >
9th Nov

Most recent Structure of real estate finance content

Practice notes
This Practice Note considers the key finance parties involved in a syndicated loan arrangement or syndicated loan facility. It looks at the roles and...
Read More >
26th Apr
Practice notes
FORTHCOMING CHANGE: As part of review of the UK funds regime and in particular, a consultation on the tax treatment of asset holding companies, the...
Read More >
Produced in partnership with Martin Shah of Simmons & Simmons LLP based on material originally written by Charles Goddard of Rosetta Tax LLP 21st Apr
Practice notes
The regime for property authorised investment funds (PAIFs) was introduced in 2008.It created a tax beneficial regime for open-ended authorised...
Read More >
Produced in partnership with Martin Shah of Simmons & Simmons LLP based on material originally written by Charles Goddard of Rosetta Tax LLP 14th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
9th Apr
Practice notes
Coronavirus (COVID-19): For information on the implications of the coronavirus outbreak on real estate finance, see Practice Note: Coronavirus...
Read More >
8th Apr
Practice notes
Coronavirus (COVID-19): For information on the implications of the coronavirus outbreak on real estate finance, see Practice Note: Coronavirus...
Read More >
8th Apr
Practice notes
One of the features used to categorise loans is the number of lenders involved. A loan involving one lender is known as a 'bilateral loan'. A loan...
Read More >
8th Apr
Practice notes
This Practice Note gives a brief outline of the types of borrowers that might wish to borrow money and relevant legislation. It looks...
Read More >
8th Apr
Practice notes
This Practice Note provides an overview of a typical real estate finance (REF) transaction from the term sheet stage through to signing the financing...
Read More >
8th Apr
Practice notes
What is a sale and leaseback?At its most basic level a sale and leaseback transaction involves the sale by an entity of some or all of its real...
Read More >
8th Apr
Practice notes
What are the key features of real estate finance?This Practice Note focuses on what is thought of as traditional real estate finance ie lending...
Read More >
8th Apr
Practice notes
A property joint venture is an arrangement between two or more parties under which they combine disparate contributions in order to derive value from...
Read More >
8th Apr
Practice notes
In both investment and development real estate finance transactions (REF transactions), lawyers will also play a key role in negotiating all the...
Read More >
Produced in partnership with Kelly Myles 8th Apr
Practice notes
Property derivativesA derivative is a financial contract that gives an investor a return based on the performance of an underlying asset. In essence,...
Read More >
8th Apr
Practice notes
Why sell and lease back?Release capitalA sale and leaseback transaction allows an owner of real estate to unlock capital. In its most basic form the...
Read More >
8th Apr
Practice notes
If a charity is proposing to:•mortgage property that it owns, or•acquire property with mortgage financethere are a number of issues that the charity...
Read More >
8th Apr
Practice notes
Flexible loan structuresFollowing the financial crisis, the real estate finance market saw a retreat of conventional bank lending and an influx of...
Read More >
Produced in partnership with Rohan Campbell of Maple Teesdale LLP 8th Apr
Practice notes
If a charity is proposing to:•mortgage property that it owns, or•acquire property with mortgage financethere are a number of issues that a prospective...
Read More >
8th Apr
Practice notes
Intercreditor agreements are complicated and detailed arrangements between two or more sets of creditors, requiring careful consideration both in...
Read More >
Produced in partnership with K&L Gates 8th Apr
Practice notes
Securitisation is a financing techniqueSecuritisation is a technique used to finance the ownership or sale of types of assets that would otherwise be...
Read More >
8th Apr

Popular documents