Positive covenants

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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
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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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
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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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...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
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
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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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
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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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....
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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
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
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Precedents
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...
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9th Nov
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Positive covenants content

Practice notes
When selling a freehold property, sellers may wish to create positive covenants for future owners to perform. Problems may arise with the enforcement...
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15th Jan
Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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15th Jan
Practice notes
Practical applicationPositive covenantsEnlargement of a long lease into a freehold can be used to preserve positive covenants as, following...
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15th Jan
Practice notes
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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15th Jan
Q&As
EasementsAn easement is a legal right which one person has over the land of another, which benefits the land of the person who has the right in...
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Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan
Q&As
Unless the wording of the indemnity covenant describes the surviving owner’s interest as being solely limited to half the property (assuming they held...
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Produced in partnership with Kevin Leigh of No 5 Chambers 8th Jan
Q&As
Would a service charge not reserved as rent count as rent for enlargement purposes?Enlargement is a process governed by section 153 of the Law of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
This question raises the issue of the rights adjoining owners owe one another where a fence separates their lands.The location of boundaries on the...
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Produced in partnership with Stephen Murch of 42 Bedford Row 8th Jan
Q&As
Unity of seisin (in modern terms, unity of ownership) is where the ownership of the freehold interest in both the dominant and servient tenements come...
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Produced in partnership with Carl Fain of Tanfield Chambers 8th Jan
Q&As
What is a rentcharge?A rentcharge is created by a deed, or by will, and charges the land with a rent. There is no right for the person with the...
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Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan
Q&As
The British Coal Corporation was a nationalised corporation created by virtue of the Coal Industry Nationalisation Act 1946 (CINA 1946). It...
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Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan

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