Profits a prendre

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The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely

Constructive trusts

Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes

What is a certificate of title?

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

Practice notes

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

28th Oct

Practice notes

The registration and regulation of friendly societies

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...

Produced in partnership with John Gilbert of Hogan Lovells International LLP 27th Oct

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

22nd Oct

Practice notes

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

26th Sep

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

26th Sep

Practice notes

Resulting trusts

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...

26th Sep

Practice notes

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

25th Sep

Practice notes

Pre-completion searches

Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...

25th Sep

Practice notes

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

25th Sep

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...

25th Sep

Practice notes

Quistclose trusts

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...

25th Sep

Practice notes

Manorial rights

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...

25th Sep

Practice notes

Benevolent funds

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...

25th Sep

Practice notes

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

25th Sep

Practice notes

Without prejudice and subject to contract

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...

25th Sep

Practice notes

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

25th Sep

Most recent Profits a prendre content

Practice notes

Profits à prendre—due diligence

Many undeveloped areas are potentially subject to profits à prendre which can bind a buyer whether or not they are exercised continuously. It can be...

25th Sep

Practice notes

Profits à prendre—registration issues

The Land Registration Act 2002 (LRA 2002) radically reformed the land registration system in England and Wales. Its principal aim was to ensure that...

25th Sep

Precedents

Deed of release of profit a prendre

Date [insert date of deed in its full format DD-Month-Year]Parties1[insert full name of owner of dominant land] [of [insert address] OR whose...

26th Sep

Practice notes

Profits à prendre

What is a profit à prendre?A profit à prendre is the right to take the products of natural growth from the land of another. Examples of profits...

26th Sep

Practice notes

Riparian owners and fishing rights

Riparian ownershipThis Practice Note looks at riparian ownership of non-tidal waterways, dealing with the fishing rights which may attach to such...

26th Sep

Q&As

Is it still possible to reserve a right to hunt over land following the Hunting Act 2004 (which limits drag hunting) and how best can this right be reserved (eg by licence, lease of rights or profit a prendre)?

A right to hunt falls within the class of sporting rights that are traditionally reserved by way of a profit a prendre in the event that a separate...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

If a right is reserved for a person and ‘all other persons in their presence and authorised by them’, would that be a personal right as anyone else would have to be in their presence? If the person then sells on the property, could that right pass with the sale of the land?

The principles for determining who has the benefit of a profit are the same as for determining who has the benefit of a covenant—although there is...

Produced in partnership with Alexander Campbell of Field Court Chambers 28th Sep

Q&As

My client is buying a freehold profit à prendre in gross relating to shooting rights affecting neighbouring property. How can I establish the extent of what is implied into 'shooting'?

We refer you to Halsbury's Laws of England > ANIMALS (VOLUME 2 (2008)) > 4. GAME RIGHTS > (1) OWNERS' AND TENANTS' RIGHTS > (ii) Tenants' Rights > A....

29th Sep

Q&As