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Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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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
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
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
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
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
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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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
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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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
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
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
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
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
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Commercial real estate finance content

Q&As
A sub-charge is a registerable disposition under section 27(3)(b) of the Land Registration Act 2002 (LRA 2002). See also LRA 2002, s 53.LRA 2002, s...
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5th Feb
Q&As
We refer you to Practice Note: Taking security over land, which states that only a legal mortgage in respect of land is registrable at HM Land...
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5th Feb
Q&As
This Q&A assumes that the option to tax is capable of operating in relation to the land and is not disapplied.There is considerable uncertainty about...
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Produced in partnership with Linda Adelson of Rosetta Tax 5th Feb
Q&As
An equitable chargee’s remedies are more restricted than those of a legal mortgagee. He can either:•sue the mortgagor personally, or•apply to the...
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5th Feb
Q&As
In practice, the splitting of one title into two, or three, or more is possible but it will be a matter for the Land Registry to handle. A request...
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5th Feb
Practice notes
The owner of an unregistered estate (as opposed to a registered estate) can still create a mortgage by demise or sub-demise. However, the mortgage...
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5th Feb
Practice notes
What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...
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5th Feb
Practice notes
A mortgage by estoppel arises where:•a mortgagor has no legal estate over the land he purports to mortgage, and•the mortgage or charge is otherwise...
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5th Feb
Practice notes
An equitable charge is created when property is expressly or constructively made liable, or specifically appropriated, to:•the discharge of a debt,...
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5th Feb
Practice notes
Exempt charity means any institution that is within Charities Act 2011, Sch 3 (CA 2011). Examples of charities included in Sch 3 are:•many educational...
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5th Feb
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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5th Feb
Practice notes
The fact that an overseas company is a seller, buyer, landlord, tenant, guarantor or mortgagee in relation to the sale or leasing of land in England...
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5th Feb
Practice notes
Statutory power to insureWhere a mortgage is made by deed, the mortgagee has a statutory power, at any time after the date of the mortgage deed, to...
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5th Feb
Practice notes
Title to a charity's properties may be held:•in the names of the individual trustees (if the charity is a trust)•in the name of a company (either...
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5th Feb
Practice notes
The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...
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5th Feb
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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5th Feb

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