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Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Property weekly highlights—14 January 2021

Property weekly highlights—14 January 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—14 January 2021

Finance Bill 2020—new clauses published on 25 June 2020

Finance Bill 2020—new clauses published on 25 June 2020

The following Employment news provides comprehensive and up to date legal information on Finance Bill 2020—new clauses published on 25 June 2020

Featured Property content

Title guarantee and covenants for title

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

Authorised guarantee agreements

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

Quistclose trusts

Quistclose trusts

What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...

Underletting at less than the passing or market rent

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes

Headline rents

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

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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9th Nov
Practice notes

The ‘ad medium filum’ rule

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...
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9th Nov
Practice notes

Oversailing

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
Precedents

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Precedents

Grant of a right for overhanging eaves

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
Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...
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9th Nov
Practice notes

Concurrent and reversionary leases

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
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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9th Nov
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Precedents

Rent Review Memorandum

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

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

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

Easements—nature and characteristics

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

What is a good and marketable title?

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
Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes

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....
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9th Nov

Most recent Corporate and structured property transactions content

Practice notes

Urban regeneration and development agreements

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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16th Jan
Practice notes

Guernsey trusts

For general information on Guernsey, see Practice Note: Private Client jurisdictional guide—Guernsey.Guernsey as a trust jurisdictionWhilst there are...
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Produced in partnership with Gavin Ferguson of Ogier 15th Jan
Practice notes

SDLT and partnerships—transfers to a partnership

This Practice Note explains the special stamp duty land tax (SDLT) rules which apply when an interest in land is transferred to a partnership from one...
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15th Jan
Practice notes

Vehicles for property development and investment—VAT implications

This Practice Note is about the VAT treatment of partnerships, joint ventures and other entities in the context of property development and...
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Produced in partnership with Martin Scammell 15th Jan
Practice notes

VAT—transfers of a going concern involving land and buildings

This Practice Note is about the issues that arise on a transfer of a going concern involving land and buildings.A transfer of a going concern (TOGC)...
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Produced in partnership with Martin Scammell 15th Jan
Practice notes

SDLT and property investment partnerships

This Practice Note sets out the specific stamp duty land tax (SDLT) rules which apply to property investment partnerships (PIPs). It explains the...
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Produced in partnership with Kevin Griffin 15th Jan
Practice notes

Key UK tax issues arising on the sale and purchase of an SPV owning UK commercial property

Tax is a key consideration when selecting an appropriate structure for holding UK commercial property. The most common form of investment in UK...
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Produced in partnership with James Meakin of Dentons 15th Jan
Practice notes

SDLT and partnerships—anti-avoidance and reliefs

This Practice Note gives details of stamp duty land tax (SDLT) anti-avoidance rules and SDLT reliefs which apply specifically to transactions of...
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Produced in partnership with Kevin Griffin 15th Jan
Practice notes

SDLT and partnerships—general principles and ordinary transactions

This Practice Note sets out the general treatment of partnerships for stamp duty land tax (SDLT) purposes, including what amounts to a partnership for...
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Produced in partnership with Kevin Griffin 15th Jan
Practice notes

SDLT and partnerships—transfers from a partnership

This Practice Note explains the special stamp duty land tax (SDLT) rules which apply when an interest in land is transferred from a partnership to a...
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15th Jan
Practice notes

Property authorised investment funds (PAIFs)—summary

The regime for property authorised investment funds (PAIFs, or as HMRC use in regulations and their published guidance, Property AIFs)) was introduced...
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Produced in partnership with Martin Shah of Simmons & Simmons LLP based on material originally written by Charles Goddard of Rosetta Tax LLP 15th Jan
Precedents

Joint venture shareholders’ agreement—corporate real estate—majority or minority

This Agreement is made on [insert date] 20[insert year]Parties1[Insert name of first shareholder] incorporated in England and Wales under number...
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15th Jan
Precedents

Joint venture shareholders’ agreement—corporate real estate—deadlock (50:50)

This Agreement is made on [insert date] 20[insert year]Parties1[Insert name of first shareholder] incorporated in England and Wales under number...
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15th Jan
Practice notes

Property warranties and indemnities in corporate transactions

An asset or share purchase agreement will typically include warranties and indemnities given by a seller in favour of a buyer.A warranty is a...
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15th Jan
Practice notes

Types of development structures

Choosing a structureUnless promoted by a single entity (whether or not with mortgage funding) many developments take place through collaboration. This...
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15th Jan
Practice notes

Bribery Act 2010 for property lawyers

The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. BA 2010 repealed and replaced the common law offence of bribery and various statutory...
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15th Jan
Practice notes

Legal issues on buying the shares in a UK property-owning SPV

Key differences in the legal risk profile, compared to a direct property purchaseIn general, the intention of a person buying the shares in an SPV...
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Produced in partnership with Paul Sutton of L C N Legal 15th Jan
Practice notes

Property Joint Ventures—deadlock

In order to protect their respective interests, parties to a joint venture frequently arrange their voting rights or construct other control...
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15th Jan
Practice notes

Sale and leaseback

Why sell and lease back?Release capitalA sale and leaseback transaction allows an owner of real estate to unlock capital. In its most basic form the...
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15th Jan
Practice notes

Property issues arising on an asset purchase

The properties owned by a company can be acquired by one of two methods:•a purchase of assets owned by the company, or•a purchase of shares in the...
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15th Jan

Popular documents

LEXISNEXIS

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if

LEXISNEXIS

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is

LEXISNEXIS

Skeleton arguments

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the

LEXISNEXIS

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case