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Corporate and structured property transactions

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Latest Property News

Leasehold reform—Ground Rent Bill gains some much needed clarity

Leasehold reform—Ground Rent Bill gains some much needed clarity

The following Property Disputes news provides comprehensive and up to date legal information on Leasehold reform—Ground Rent Bill gains some much needed clarity

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Government acts to cut cost of flood insurance premiums

Government acts to cut cost of flood insurance premiums

The following Environment news provides comprehensive and up to date legal information on Government acts to cut cost of flood insurance premiums

Featured Property content

Equitable mortgages and equitable charges—general principles and registered land

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

Deed of variation of lease

Deed of variation of lease

This DEED is made on [date]Parties1[Insert name] [of [insert address] OR incorporated in England and Wales with company registration number [insert...

Profits à prendre

Profits à prendre

What is a profit à prendre?A profit à prendre is the right to take the products of natural growth from the land of another. Examples of profits...

Deed of rectification—lease

Deed of rectification—lease

Date [insert date of deed]Parties1[Insert name] of [insert address] (Landlord)2[Insert name] of [insert address] (Tenant)3[Insert name] of [insert...

Practice notes

Contract races

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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19th May
tag iconIn-house
Practice notes

Consecrated ground and burial grounds—issues for developers

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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19th May
Q&As

Should an indemnity covenant in a transfer deed (TR1) require the transferee to indemnify 'the transferor's estate and effects' as well as the transferor, for non-performance etc?

Should an indemnity covenant in a transfer deed (TR1) require the transferee to indemnify 'the transferor's estate and effects' as well as the...
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19th May
Precedents

Rent authority letter—commercial property

[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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19th May
Practice notes

Apportioning service charge and transferring sinking funds

Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...
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19th May
Practice notes

Derogation from grant and the covenant for quiet enjoyment

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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19th May
Practice notes

Is the agreement a grazing licence or farm business tenancy?

Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?

The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes

Long leases—mortgage cure rights

A ‘mortgage cure’ clause (or ‘mortgagee protection’ clause) provides some protection to lenders in relation to the landlord’s rights to forfeit a...
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19th May
Precedents

Promotion agreement

Date: [date]Parties1[name of Owner] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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19th May
Q&As

A property has a Form K restriction registered against the proprietorship register in relation to a third party charging order. Notice of the proposed sale has been given to that third party. On sale of the property, is the seller under any obligation to pay the amount secured by the charging order to the third party?

This Q&A raises the nature of Form K restriction entered under the Land Registration Act 2002 (LRA 2002) and one of the weaknesses from which it is...
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19th May
Precedents

Pre-emption agreement incorporating the Standard Commercial Property Conditions (Third Edition)

date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered address is at]...
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19th May
Practice notes

Drafting suspensive conditions in missives in Scotland

Coronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19), consideration should be given to all longstop dates when drafting and...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 19th May
tag iconScottish Law
Practice notes

Conditional contracts—property

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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19th May
Practice notes

Sub-sales and assignments

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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19th May
Q&As

In terms of the Law Society’s Conveyancing Protocol 2019, can a solicitor who is a member of the Conveyancing Quality Scheme charge a fee for a notice to complete if there is no provision in the contract for such fee to be charged?

The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Most recent Corporate and structured property transactions content

Practice notes

Selling or licensing a database

Selling or licensing a databaseThis is the effect of regulation 23 of the Copyright and Rights in Databases Regulations 1997 (CRD 1997). CRD 1997 were...
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Produced in partnership with Henry Edwards of 8 New Square 3rd Aug
Q&As

How is the contribution of land by an individual to a joint venture company to be documented?

How is the contribution of land by an individual to a joint venture company to be documented?This Q&A assumes that the joint venture will take the...
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1st Aug
Q&As

What are the benefits for a shareholder to a joint venture in financing the joint venture company using debt, such as loan note or loans, as opposed to solely equity?

What are the benefits for a shareholder to a joint venture in financing the joint venture company using debt, such as loan note or loans, as opposed...
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Produced in partnership with Julian Henwood of Gowling WLG 1st Aug
Q&As

If a property development company buys a residential property, how does it demonstrate it should be charged normal SDLT rates instead of the 15 per cent crate?

If a property development company buys a residential property, how does it demonstrate it should be charged normal SDLT rates instead of the 15 per...
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31st Jul
Q&As

Do you have an agreement that covers the sale of a property (it is a pub) and its business?

Do you have an agreement that covers the sale of a property (it is a pub) and its business?We refer you to our Precedents that you may be able to...
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31st Jul
Q&As

What is a REIT and are there any issues which need to be considered when lending to a REIT?

What is a REIT and are there any issues which need to be considered when lending to a REIT?What is a REIT?REIT stands for 'real estate investment...
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31st Jul
Practice notes

Getting the Deal Through: Real Estate 2021

Getting the Deal Through: Real Estate 2021Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Austria; Dominican...
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31st Jul
Q&As

Can an indemnity be provided by email exchange or does it need to be signed as a deed?

Can an indemnity be provided by email exchange or does it need to be signed as a deed?In contrast to a guarantee, an indemnity is a primary obligation...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 31st Jul
Q&As

Where a shareholder transfers shares in a joint venture company which breaches the restrictions contained in the articles of association or shareholders' agreement, what remedies are available to the other shareholder?

Where a shareholder transfers shares in a joint venture company which breaches the restrictions contained in the articles of association or...
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31st Jul
Q&As

In what circumstances would a shareholders' agreement in respect of a joint venture need to be filed at Companies House?

In what circumstances would a shareholders' agreement in respect of a joint venture need to be filed at Companies House?The requirement to file a...
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Produced in partnership with Julian Henwood of Gowling WLG 31st Jul
Q&As

Could you please direct me to drag along and tag along provisions for use in a joint venture?

Could you please direct me to drag along and tag along provisions for use in a joint venture?Drag along rights are rights of majority shareholders...
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31st Jul
Practice notes

UK REITs—taxation of the REIT and shareholders

UK REITs—taxation of the REIT and shareholdersFORTHCOMING CHANGE: Finance Bill 2022 will amend the real estate investment trust (REIT) regime. The...
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Produced in partnership with Martin Shah of Simmons & Simmons and Charles Goddard of Rosetta Tax 31st Jul
Practice notes

Energy Savings Opportunity Scheme (ESOS)—issues in corporate (private M&A) transactions

Energy Savings Opportunity Scheme (ESOS)—issues in corporate (private M&A) transactionsBrexit impact11 pm (GMT) on 31 December 2020 marks the end of...
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Produced in partnership with King & Wood Mallesons 31st Jul
tag iconSustainable Business Toolkit
Practice notes

Non-resident landlords scheme

Non-resident landlords schemeThe Non-resident Landlords Scheme (NRL Scheme) requires income tax at the basic rate to be deducted from rental payments...
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31st Jul
Q&As

Is there any guidance on how the courts will interpret ‘bona fide arm’s length purchaser’ where shares are transferred pursuant to the exercise of a drag along provision?

Is there any guidance on how the courts will interpret ‘bona fide arm’s length purchaser’ where shares are transferred pursuant to the exercise of a...
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31st Jul
Practice notes

Environmental due diligence—asset purchase

Environmental due diligence—asset purchaseThe purpose of environmental due diligenceThe purpose of environmental due diligence is to:•assess the risk...
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Produced in partnership with ELM Law 31st Jul
Practice notes

Collective investment schemes—one minute guide

Collective investment schemes—one minute guideThis one minute guide provides a brief summary of the key regulatory requirements for collective...
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31st Jul
Q&As

Is a provision that requires a discount to the fair market value of a defaulting shareholder's shares to be transferred pursuant to an obligatory transfer mechanism enforceable? If so, what is the market standard percentage discount that is applied to fair market value in such circumstances?

Is a provision that requires a discount to the fair market value of a defaulting shareholder's shares to be transferred pursuant to an obligatory...
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Produced in partnership with Julian Henwood of Gowling WLG 31st Jul
Q&As

For what purpose would the joint venture company itself become a party to a joint venture shareholders' agreement?

For what purpose would the joint venture company itself become a party to a joint venture shareholders' agreement?It is rare for the joint venture...
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Produced in partnership with Julian Henwood of Gowling WLG 31st Jul
Practice notes

Agricultural partnerships and joint venture agreements—outline of structures

Agricultural partnerships and joint venture agreements—outline of structuresJoint ventures are becoming increasingly popular in the agricultural...
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Produced in partnership with Agri Advisor. 31st Jul

Popular documents

Enquiries before contract

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications

Interim injunctions—the American Cyanamid guidelines

Interim injunctions—the American Cyanamid guidelines

Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA). Usually an ALMO is set up by the LHA to manage and improve all or part of its housing stock with the LHA

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)