Positive covenants

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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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28th Oct
Practice notes
What is a friendly society?There has been a system of registration, and with it regulation, of friendly societies since the enactment of the first...
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Produced in partnership with John Gilbert of Hogan Lovells International LLP 27th Oct
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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22nd Oct
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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26th Sep
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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26th Sep
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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26th Sep
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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25th Sep
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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25th Sep
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...
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25th Sep
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...
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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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25th Sep
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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25th Sep
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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25th Sep

Most recent Positive covenants content

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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25th Sep
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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26th Sep
Precedents
DateParties1[insert name of Covenantor ][of [insert address] OR incorporated in England and Wales with company registration number [insert company...
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27th Sep
Precedents
This Deed is made on [insert date of deed].Parties1[insert name of party giving the covenant] of [insert address OR incorporated in England and Wales...
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28th Sep
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 28th Sep
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 28th Sep
Q&As
Positive covenants generally do not run with the land but only bind original parties, unless it might be argued the positive covenants are part of a...
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Produced in partnership with Kevin Leigh of No 5 Chambers 28th Sep
Q&As
A right of way over private land is a form of easement and may come with the burden of a covenant requiring the landowner (of the dominant land, the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Sep
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 29th Sep
Q&As
A covenant is a form of contract. Under the doctrine of privity of contract, the rights and liabilities created by that contract will be enforceable...
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29th Sep

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