Sign-in Help

Commons, town and village greens

View Property by content type:

Practice notes
Precedents
Q&As
News

Latest Property News

Forfeiture for unauthorised change of use to residential (Zash v Mayworth)

Forfeiture for unauthorised change of use to residential (Zash v Mayworth)

The following Property Disputes news provides comprehensive and up to date legal information on Forfeiture for unauthorised change of use to residential (Zash v Mayworth)

Agricultural Holdings Act 1986 succession tenancies—applying against the wrong landlord (Adams v Jones)

Agricultural Holdings Act 1986 succession tenancies—applying against the wrong landlord (Adams v Jones)

The following Property Disputes news provides comprehensive and up to date legal information on Agricultural Holdings Act 1986 succession tenancies—applying against the wrong landlord (Adams v Jones)

Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

The following Property Disputes news provides comprehensive and up to date legal information on Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

PizzaExpress—Part 26A restructuring plan sanction hearing

PizzaExpress—Part 26A restructuring plan sanction hearing

The following Banking & Finance news provides comprehensive and up to date legal information on PizzaExpress—Part 26A restructuring plan sanction hearing

Featured Property content

What is a certificate of title?

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...

Resulting trusts

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...

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...

Remedies for breach of restrictive covenants

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...

Practice notes

Rent deposit deeds—common structures

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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
Read More >
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....
Read More >
9th Nov
Practice notes

Letter/certificate of non-crystallisation in property transactions

What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
Read More >
9th Nov
Practice notes

Applying the proceeds of sale

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
Practice notes

Fixtures and fittings

When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Q&As

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Jan
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...
Read More >
9th Nov
Precedents

Disclosable overriding interests questionnaire

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
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....
Read More >
9th Nov
Practice notes

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
Read More >
9th Nov
Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
Read More >
9th Nov

Most recent Commons, town and village greens content

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...
Read More >
Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
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...
Read More >
Produced in partnership with Alex Campbell of Field Court Chambers 22nd Jan
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’...
Read More >
15th Jan
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...
Read More >
Produced in partnership with Stephen Morgan of Landmark Chambers 15th Jan
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...
Read More >
Produced in partnership with Stephen Morgan of Landmark Chambers 15th Jan
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...
Read More >
Produced in partnership with Stephen Morgan of Landmark Chambers 15th Jan
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...
Read More >
15th Jan
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...
Read More >
Produced in partnership with Stephen Morgan of Landmark Chambers 15th Jan
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...
Read More >
29th Nov

Popular documents

LEXISNEXIS

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to

LEXISNEXIS

Common financial covenants

This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:

LEXISNEXIS

Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:

LEXISNEXIS

Quia timet injunctions

What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they