Real estate in corporate transactions

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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
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
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
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
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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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...
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9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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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
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
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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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...
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9th Nov

Most recent Real estate in corporate transactions content

Practice notes
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
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Produced in partnership with Herbert Smith Freehills LLP 23rd Nov
Precedents
Schedule [insert schedule number]1PropertyThe Property is freehold. The extent of the Property is shown edged [insert detail] on the plan attached as...
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23rd Nov
Practice notes
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 19th Nov
Practice notes
A share purchase agreement (SPA) will typically include warranties and indemnities given by the seller in favour of the buyer.Why warranties and...
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5th Nov
Practice notes
Warranty and indemnity (W&I) insurance may be used in private company sale and purchase transactions (whether structured as a share purchase or asset...
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Produced in partnership with Mary Duffy of AIG 5th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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27th Oct
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
Read More >
20th Oct
Practice notes
Why do environmental issues need to be considered at the outset of a corporate transaction?It is important that environmental and health & safety...
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16th Oct
Precedents
Transfer of a going concern1The Seller and the Buyer intend that the sale and transfer of the Property in accordance with the terms of this Agreement...
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8th Oct
Q&As
In contrast to a guarantee, an indemnity is a primary obligation on a party to compensate another for loss or damage. Such obligation is entirely...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 29th Sep
Q&As
We refer you to our Precedents that you may be able to adapt for your purposes:•Clause for sale of public house or hotel...
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29th Sep
Precedents
Schedule 4The PropertiesPart AThe Freehold PropertiesProperty addressTitle number and quality of titleRegistered proprietorOther matters affecting the...
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26th Sep
Precedents
Buyer-friendly property warranties and definitions to include in a long-form share purchase agreement Definitions In this...
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26th Sep
Precedents
Property indemnity clause for insertion into a share purchase agreement Indemnity clause ...
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26th Sep
Practice notes
An asset purchase agreement will typically include warranties and indemnities given by a seller in favour of a buyer.Why we need warranties and...
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26th Sep
Precedents
Property warranties and definitions to include in a short-form share purchase agreement Definitions In this Agreement, unless the...
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26th Sep
Precedents
Property warranties and definitions to include in a short-form asset purchase agreement 1 Definitions In this Agreement,...
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26th Sep
Precedents
Property indemnity clause for insertion into an asset purchase agreement 1 [Indemnity provided by the seller Without...
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26th Sep
Precedents
Schedule [insert schedule number]1Date and current parties1.1Date: [insert date of lease]1.2Old or new lease: [New lease. OR Old lease.]1.3Current...
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26th Sep
Precedents
Property due diligence report—share or asset purchase A. Executive summary 1 Scope of review For the purposes of this...
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26th Sep

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