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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
[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]...
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...
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...
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...
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...
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
This Q&A considers the question of whether a contractual break clause must be exercised in order to terminate a telecoms lease in circumstances where...
An easement may be established by prescription in any one of three ways:•prescription at common law•prescription under the doctrine of a lost modern...
It is unclear from the question whether what is being prescribed for:•is a right of way for fire escape purposes only over an access route, or•whether...
Easements generallyOne of the four essential characteristics of an easement is that there must be a dominant and a servient tenement.There must be a...
Options for grantIn general, an order for the grant of a new tenancy pursuant to the Landlord and Tenant Act 1954 (LTA 1954) will be an order for the...
A legal easement is one which is created for an interest equivalent to a fee simple absolute in possession or a lease for a term of years absolute. It...
A bare licence is the simplest type of licence. It is the giving of personal permission by the landowner for the licensee to enter and remain on the...
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...
Legal, as opposed to equitable, easements are not registrable under the Land Charges Act 1972 and a purchaser of a legal estate in unregistered land...
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...
This Q&A considers the general approach to covenants requiring use as a private house, as the interpretation will clearly depend on the exact wording...