Commons, town and village greens

View Property by content type:

Practice notes

Precedents

Q&As

Featured Property content

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate

Practice notes

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...

28th Oct

Practice notes

The registration and regulation of friendly societies

What is a friendly society?There has been a system of registration, and with it regulation, of friendly societies since the enactment of the first...

Produced in partnership with John Gilbert of Hogan Lovells International LLP 27th Oct

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

22nd Oct

Practice notes

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...

26th Sep

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...

26th Sep

Practice notes

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

26th Sep

Practice notes

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...

25th Sep

Practice notes

Pre-completion searches

Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...

25th Sep

Practice notes

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

25th Sep

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...

25th Sep

Practice notes

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...

25th Sep

Practice notes

Manorial rights

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...

25th Sep

Practice notes

Benevolent funds

A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...

25th Sep

Practice notes

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

25th Sep

Practice notes

Without prejudice and subject to contract

Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...

25th Sep

Practice notes

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...

25th Sep

Most recent Commons, town and village greens content

Practice notes

Town or village greens—property development

Registration of land as a town or village green (TVG) can prevent its development and greatly restrict its use. Applications, even if ultimately...

25th Sep

Practice notes

What is a town or village green?

The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...

26th Sep

Practice notes

Creation and registration of common land

What is common land?The term ‘common land’ usually includes all land which is subject to rights of common, ie the rights which one or more ‘commoners’...

26th Sep

Practice notes

Common land and regulation of works

Importance of common landDefra guidance advises that common land can deliver a range of benefits including:•economic—grazing livestock, employment and...

26th Sep

Practice notes

Town and village greens—making an application to register a TVG

Registration authoritiesApplications for registration of a town and village green (TVG) are made to the registration authority for the area of land...

27th Sep

Practice notes

Town and village greens—registration, rectification, correction and deregistration

This Practice Note deals with amendments to the register of town and village greens (TVGs) by way of correction, rectification and deregistration in...

27th Sep

Q&As

Where property is expressed to be subject to Lammas rights, what are these rights, how do they affect the owner’s ability to deal with their property and how can they be removed?

Lammas lands are a class of commonable lands. Commonable lands are lands which are held in severalty during a portion of the year, but which become...

Produced in partnership with Alex Campbell of Field Court Chambers 28th Sep

Q&As

What rights does a local authority have to grant an easement for vehicular access over a village green to a developer and what procedure does the local authority have to follow?

Land usually becomes a village green because it has been used for sports or pastimes ‘as of right’ for not less than 20 years.Where in relation to...

Produced in partnership with Helen Galley of XXIV Old Buildings 29th Sep

Q&As

Where property adjacent to common land is sold and a right of access over the common land was registered by the seller in the commons register, does this right have any legal effect? Will the buyer need to register a new entry in the register?

For the purposes of this Q&A, we assume that the rights the seller has registered in the commons register are rights of common.Case studyThe buyer of...

29th Sep