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Practice notes
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
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
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...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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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
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 Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
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...
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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...
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9th Nov
Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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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...
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9th Nov
Practice notes
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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9th Nov
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Mines and minerals content

Practice notes
Who owns the minerals?The common law presumption is that a landowner owns everything below the surface down to the centre of the earth. Unworked mines...
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8th Apr
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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8th Apr
Practice notes
Who owns the mines and minerals?The common law presumption is that a landowner owns everything below the surface down to the centre of the earth....
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8th Apr
Q&As
We refer you to the attached checklists from Mines, minerals and landfill: Encyclopaedia of Forms and Precedents, vol 26(3):•Checklist—general...
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22nd Jan
Q&As
‘Minerals’ is expressly defined for the purposes of certain statutes.In the Mines (Working Facilities and Support) Act 1966 (M(WFS)A 1966), ‘minerals’...
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22nd Jan
Q&As
As to what mines and minerals are, see: Mines and minerals—overview.Mines and minerals in their original position are part and parcel of the land. The...
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22nd Jan
Q&As
There appears to be no statute covering tin mining compensation (unlike coal mining). The relevant areas of the UK affected by tin mining are...
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Produced in partnership with George Macmillan of Kuit Steinart Levy LLP 22nd Jan
Q&As
Manorial rightsManorial rights are ancient rights of former lords of the manor. In medieval Europe, under the feudal system, the lord of the manor...
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22nd Jan
Q&As
There are a number of key issues to consider when purchasing land for potential development, where underlying mines and minerals have been excepted...
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3rd Dec
Q&As
Mines and minerals are properly the subject of an exception, not a reservation, as the minerals are part of (and so ‘excepted from’) the land being...
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29th Nov
Q&As
In medieval times, the lord of the manor would allow local inhabitants to occupy and work open land within the manor in return for payment (in cash or...
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29th Nov
Q&As
Case studyWhere part of a property is being transferred and requires an easement over adjoining land for the installation of a water pipeline and the...
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29th Nov

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