Taking and perfecting security

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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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9th Nov
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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9th Nov
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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9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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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...
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9th Nov
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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9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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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...
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9th Nov
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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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
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
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...
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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

Most recent Taking and perfecting security content

Practice notes
A legal opinion should be obtained in respect of any property transaction in England and Wales entered into with an overseas company; for example, the...
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10th May
Precedents
dated [date]parties1[name of the Company] [of OR incorporated in England and Wales with Company registration number [number] whose registered office...
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7th May
Precedents
This agreement is made the [insert date] day of [insert month and year] Between [owners of property] of [insert address] (the ‘Owners’) and [managing...
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7th May
Precedents
DateParties1[insert name] (Company Registration No. [insert number]) whose registered office is at [insert address] (the "Assignor")2[insert name]...
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5th May
Practice notes
This Practice Note focuses on the assignment of collateral warranties (see Practice Note: What are collateral warranties?). For more detailed guidance...
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29th Apr
Practice notes
Rights under insurance policies are a type of contractual right.Lenders can take security over insurance policies by an assignment by way of security....
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27th Apr
Practice notes
Coronavirus (COVID-19):•The Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and Coronavirus Large Business...
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27th 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...
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26th 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...
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26th Apr
Precedents
COMPANY NUMBER: [insert company number][insert company name] [LIMITED OR PLC]Minutes of a meeting of the board of directors (the Meeting) of [insert...
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20th Apr
Precedents
[To be printed on the headed paper of the entity submitting the form mr01][insert date]To:[Companies HouseCrown WayCardiffWalesCF14 3UZ[DX 33050...
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19th Apr
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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19th Apr
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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19th Apr
Practice notes
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc...
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19th 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...
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14th Apr
Practice notes
Debentures are used in many types of financing where it is desirable to take security over all of the assets of a particular entity. They are a form...
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12th Apr
Practice notes
Banks and other funders frequently take an assignment of the benefit of the suite of construction documents in respect of a development as an...
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Produced in partnership with Maxwell Winward 8th Apr
Practice notes
The development documents are key to any real estate finance transaction involving the development of property. They deal with the nature of the...
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8th 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 >
8th Apr
Practice notes
Lenders will often take security as support for a borrower's obligations under a loan. Taking security means that they will have certain rights over...
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8th Apr

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