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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...
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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
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
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....
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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...
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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
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...
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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
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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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
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
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
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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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Commercial real estate finance content

Practice notes
Background to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as the Statement of Principles (SoP), in...
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Produced in partnership with Groundsure and Burges Salmon 8th Feb
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 5th Feb
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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5th Feb
Q&As
Part 25 of the Companies Act 2006 (CA 2006) governs the procedure for a company to register at Companies House a charge that it has created over its...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Feb
Q&As
The most common type of security in respect of borrowing is a legal mortgage. A legal mortgage will be registered at HM Land Registry and will rank in...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Feb
Q&As
Security over land that is created by a UK company is registrable at Companies House. This is the case regardless of whether the security is created...
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5th Feb
Q&As
There does not appear to be any evidence that an employee of the chargee cannot witness the chargor’s signature.Practice Note: Property deeds—valid...
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5th Feb
Q&As
The case of Eagle Star Insurance Company Limited v Green illustrates that a legal mortgage of land...
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5th Feb
Q&As
Section 23 of the Land Registration Act 2002 (LRA 2002) states that:•owner’s powers in relation to a registered estate consist of:◦power to make a...
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5th Feb
Q&As
It is possible to refer to two properties on one legal charge. By way of example, see Precedent: Real property mortgage: single company...
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5th Feb
Q&As
For the purposes of this Q&A, we have assumed the rent deposit is in relation to a commercial property.The rent deposit deedA rent deposit is a sum of...
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5th Feb
Q&As
Huge numbers of legal disputes could be avoided by the parties to loan agreements committing these to writing and providing for security. A charge on...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Feb
Q&As
In Santley v Wilde, Lindley M.R. stated:‘…a mortgage is a conveyance of land…as a security for the payment of a debt or the discharge of some other...
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Produced in partnership with Desmond Kilcoyne 5th Feb
Q&As
Charges granted by a company should be registered. The relevant law was amended in April 2013 with the insertion of a new Part 25 into the Companies...
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Produced in partnership with David Nicholls of Landmark Chambers 5th Feb
Q&As
Further education corporationsFurther education corporations are corporate entities incorporated pursuant to either section 15 or section 16 of the...
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5th Feb

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