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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
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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19th May
Practice notes
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...
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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
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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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Mines and minerals content

Q&As
What issues need to be considered when purchasing a land for development where mines and minerals are excepted and any right of support from any...
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10th Aug
Q&As
What are manorial rights and what are their implications for property transactions?Manorial rightsManorial rights are ancient rights of former lords...
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10th Aug
Q&As
If a registered title states that part of the land was formerly copyhold of a manor with the rights saved to the lord by one of the Copyhold Acts does...
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10th Aug
Q&As
What is the legal definition of mineral?‘Minerals’ is expressly defined for the purposes of certain statutes.In the Mines (Working Facilities and...
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10th Aug
Q&As
Case study: What is the extent to which an easement will bind third parties?Case studyWhere part of a property is being transferred and requires an...
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10th Aug
Practice notes
Manorial rightsManorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land,...
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10th Aug
Practice notes
Mineral exceptions—landowners' issuesWho owns the minerals?The common law presumption is that a landowner owns everything below the surface down to...
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9th Aug
Practice notes
Mines and minerals—landowners' issuesWho owns the mines and minerals?The common law presumption is that a landowner owns everything below the surface...
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9th Aug
Q&As
Is there any statutory right or common law right to claim compensation for damage caused to a property through tin mining?There appears to be no...
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Produced in partnership with George Macmillan of Kuit Steinart Levy LLP 1st Aug
Q&As
Is there a note to explain the nature of mines and minerals as a freehold estate rather than a freehold easement?As to what mines and minerals are,...
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1st Aug
Q&As
Where a freehold registered title states that mines and minerals are excepted from the title, should a purchaser seek indemnity insurance for...
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1st Aug

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