Commercial real estate finance

View Property by content type:

Latest Property News

Featured Property content

Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
Read More >
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...
Read More >
9th Nov
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...
Read More >
9th Nov
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
Read More >
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...
Read More >
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...
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
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...
Read More >
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...
Read More >
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)....
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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....
Read More >
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...
Read More >
9th Nov

Most recent Commercial real estate finance content

Practice notes
A charity may be involved in a construction project:•to fulfil its charitable objectives (eg the construction of social housing)•to provide office or...
Read More >
5th Feb
Practice notes
Incorporated v unincorporated charitiesThere are currently a number of incorporated or unincorporated structures that are adopted by...
Read More >
5th Feb
Practice notes
A bank or lending institution takes security over commercial property to ensure a fast payout if the borrower goes into liquidation or receivership....
Read More >
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 the charity...
Read More >
5th Feb
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...
Read More >
5th Feb
Practice notes
Power to createA 'charge' is any:•mortgage•charge, or•lienfor securing money or money's worth. This includes:•security for the repayment of money...
Read More >
5th Feb
Practice notes
If the seller’s title is pending registration at HM Land Registry, the safest course of action for the buyer is to postpone exchange until...
Read More >
5th Feb
Practice notes
The creation by legal owners of equitable rights by way of mortgage securityThis is a specifically enforceable contract to create a legal mortgage....
Read More >
5th Feb
Practice notes
Charities Act 2011 (CA 2011), s 30 sets out the requirements for registering charities. Every charity must be registered unless they are an exempt...
Read More >
5th Feb
Practice notes
A charity may be excepted from registration if it:•is excepted by Order of the Charities Commission (and complies with any conditions), and•has a...
Read More >
5th Feb
Precedents
Notice of assignment [and charge]Lease: the lease of the Property dated: [insert the date in its full format DD-Month-Year] between (1) [insert full...
Read More >
5th Feb
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]...
Read More >
5th Feb
Precedents
Notice of [assignment] [TRANSFER] [AND DIRECTION TO PAY FUTURE RENT]—Landlord and Tenant Act 1985 Section 3To: [insert name of tenant][of [insert...
Read More >
5th Feb
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...
Read More >
5th Feb
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...
Read More >
5th Feb
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 >
5th Feb
Practice notes
Real estate finance is a type of secured lending. Some of the reasons for taking security in a real estate finance transaction reflect the main...
Read More >
5th Feb
Precedents
DateParties1[insert name] (Company Registration No. [insert number]) whose registered office is at [insert address] (the "Assignor")2[insert name]...
Read More >
5th Feb
Precedents
To: [insert company name]Address: [insert address for the service of notices]Dear [insert name of party/organisation being notified of the...
Read More >
5th Feb
Practice notes
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of documents and company...
Read More >
5th Feb

Popular documents