Profits a prendre

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A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

The following Corporate Crime news provides comprehensive and up to date legal information on Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

Property weekly highlights—21 January 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—21 January 2021

Featured Property content

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...

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...

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...

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...

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...

9th Nov

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...

9th Nov

Practice notes

The ‘ad medium filum’ rule

The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...

9th Nov

Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Practice notes

Letter/certificate of non-crystallisation in property transactions

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...

9th Nov

Practice notes

Fixtures and fittings

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...

9th Nov

Q&As

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Jan

Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...

9th Nov

Practice notes

Insolvency—fixed charge receivership

Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...

9th Nov

Practice notes

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...

9th Nov

In-house

Practice notes

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...

9th Nov

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

9th Nov

Practice notes

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....

9th Nov

Precedents

Deed of release of covenants

This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...

9th Nov

Practice notes

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

9th Nov

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...

15th Jan

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...

15th Jan

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...

15th Jan

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 8th Jan

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 8th Jan

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...

29th Nov

Q&As

How is a profit a prendre in gross extinguished?

This Q&A relates to the following Practice Note: Profits à prendre—due diligence, and profit a prendre as discussed under subsection...

29th Nov

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 Nov

Precedents