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Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
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...
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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...
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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...
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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
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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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
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
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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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
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes
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...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Environment, energy and buildings content

Practice notes
Water discharge and groundwater activitiesWater discharge activities or ground water activities offences are regulated by the Environmental Permitting...
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16th Feb
Practice notes
The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales...
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Produced in partnership with Christopher Badger of 6 Pump Court 16th Feb
Practice notes
Waste offencesThe regulation of waste is governed by Part II of the Environmental Protection Act 1990 (EPA 1990), and the Environmental Permitting...
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16th Feb
Practice notes
What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) give legal protection to the best sites for wildlife and...
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16th Feb
Q&As
Liability status of a 'knowing permitter'The term ‘knowingly permitted’ has significant liability implications in the context of the contaminated land...
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15th Feb
Q&As
It is assumed that this query relates to habitats in England.Defining priority habitatsPriority natural habitat is defined under the Habitats...
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Produced in partnership with Hannah Payne of Browne Jacobson 15th Feb
Q&As
Sustainable drainage systems (SuDs)For information about sustainable drainage systems (SuDS), what they are, why they are needed, types, implications...
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15th Feb
Q&As
Operators of septic tanks must either ensure that they comply with general binding rules or obtain an environmental permit.Small sewage discharges and...
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15th Feb
Q&As
STOP PRESS: The Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 come into force on 1 January 2017. The regulations...
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15th Feb
Q&As
STOP PRESS: The Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 come into force on 1 January 2017. The regulations...
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15th Feb
Q&As
The key regulations that govern energy performance certificates (EPCs) are the Energy Performance of Buildings (England and Wales) Regulations 2012...
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Produced in partnership with Christopher Snell of New Square Chambers 15th Feb
Q&As
Contaminated land liabilitiesAn innocent purchaser or tenant of a contaminated site is at risk of inheriting various liabilities associated with...
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15th Feb
Q&As
Approved code of practiceThe HSE Approved Code of Practice (ACOP) ‘Managing and working with asbestos’ L143 (Second Edition) dated December 2013, has...
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15th Feb
Q&As
The seller or the prospective landlord must make an energy performance certificate (EPC) available to 'a prospective buyer or tenant' free of charge...
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15th Feb
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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15th Feb
Practice notes
What is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating and certifying the...
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Produced in partnership with Author of the WSP Group 15th Feb
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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15th Feb

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