Structure of real estate finance

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Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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9th Nov
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov

Most recent Structure of real estate finance content

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...
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17th Jan
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...
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17th Jan
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...
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17th Jan
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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17th Jan
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...
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17th Jan
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...
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17th Jan
Practice notes
Intercreditor agreements are complicated and detailed arrangements between two or more sets of creditors, requiring careful consideration both in...
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Produced in partnership with K&L Gates 17th Jan
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...
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17th Jan
Practice notes
Islamic real estate finance is becoming ever more popular and increasingly mainstream in the UK and world property markets. Global assets of Islamic...
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Produced in partnership with Foot Anstey LLP 17th Jan
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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17th Jan
Practice notes
The regime for property authorised investment funds (PAIFs, or as HMRC use in regulations and their published guidance, Property AIFs)) was introduced...
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Produced in partnership with Martin Shah of Simmons & Simmons LLP based on material originally written by Charles Goddard of Rosetta Tax LLP 15th Jan
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 >
15th Jan
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 >
15th Jan
Practice notes
In both investment and development real estate finance transactions (REF transactions), lawyers will also play a key role in negotiating all the...
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Produced in partnership with Kelly Myles 15th Jan
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...
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15th Jan
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...
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15th Jan
Practice notes
Where land is held on a charitable trust, it can only be mortgaged in accordance with the provisions of Part 7 of the Charities Act 2011 (CA 2011). A...
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15th Jan
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...
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15th Jan
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...
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15th Jan
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,...
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15th Jan

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