Commons, town and village greens

View Property by content type:

Latest Property News

Featured Property content

Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Precedents
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
Practice notes
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
Practice notes
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
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
Read More >
Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
Read More >
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...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
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...
Read More >
9th Nov
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
Read More >
9th Nov
Practice notes
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
Read More >
9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
Read More >
9th Nov

Most recent Commons, town and village greens content

Practice notes
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 8th Apr
Practice notes
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 8th Apr
Practice notes
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 8th Apr
Practice notes
Importance of common landDefra guidance advises that common land can deliver a range of benefits including:•economic—grazing livestock, employment and...
Read More >
8th Apr
Practice notes
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 >
30th Mar
Practice notes
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 23rd Feb
Q&As
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
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

Popular documents