Restrictive covenants

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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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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...
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9th Nov
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
Practice notes
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...
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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
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
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...
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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
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...
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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
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...
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9th Nov
Practice notes
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...
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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...
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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
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov

Most recent Restrictive covenants content

Q&As
It is not always clear cut when it comes to interpreting the language and meaning of a restrictive covenant, and each case will turn on its own facts....
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 22nd Jan
Q&As
The first consideration is the wording of the covenant itself. On the assumption that the covenant does not identify specific heads of expenditure...
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22nd Jan
Q&As
Covenants relating to propertyA covenant is an agreement between parties that one or some of them is bound to do or not to do a specified thing. For...
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Produced in partnership with Alex Campbell of Arden Chambers 22nd Jan
Q&As
In the case of an express grant of a right of way the extent of the right granted depends on the express terms of the grant. The words used in a grant...
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Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
This Q&A focuses on the definition of ‘single private dwelling’ and its interpretation. We have not been able to find any authority which directly...
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22nd Jan
Q&As
When A and B enter into a covenant controlling the use of freehold land owned by (or to be transferred to) B for the benefit of land retained or held...
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22nd Jan
Q&As
At common law the burden of a covenant cannot run (ie so as to bind successive owners or occupiers) with freehold land in any circumstances. However,...
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22nd Jan
Q&As
A restrictive covenant is a contractual obligation which prevents a landowner from doing something on or to their land. Such covenants are capable of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
The original covenantee can always enforce an express covenant against the original covenantor under the doctrine of privity of contract, provided...
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22nd Jan

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