Positive covenants

View Property by content type:

Latest Property News

Featured Property content

Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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
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
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
Read More >
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...
Read More >
9th Nov
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...
Read More >
9th Nov
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...
Read More >
9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
Read More >
9th Nov
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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
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
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
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
Read More >
9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
Read More >
9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
Read More >
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...
Read More >
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...
Read More >
15th Jan
Practice notes
Practical applicationPositive covenantsEnlargement of a long lease into a freehold can be used to preserve positive covenants as, following...
Read More >
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....
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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...
Read More >
Produced in partnership with Elizabeth England of 42 Bedford Row 8th Jan
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...
Read More >
Produced in partnership with Kevin Leigh of No 5 Chambers 8th Jan
Q&As
Under section 2(4) of the Rentcharges Act 1977 (RcA 1977), an Estate rentcharge ‘is a rentcharge created for the purpose:(1) of making covenants to be...
Read More >
29th Nov
Q&As
A covenant to erect a fence or a hedge is a positive covenant. It is likely that the transfer will identify the land to benefit from the covenant. The...
Read More >
29th Nov
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...
Read More >
29th Nov

Popular documents