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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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19th May
Practice notes
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...
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19th May
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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19th May
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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19th May
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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19th May
Practice notes
Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...
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19th May
Practice notes
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
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19th May
Q&As
Is a standard Form N the best restriction to enter when a person has a beneficial interest in land owned in joint names and wants to avoid...
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19th May
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Whenever a property is sold,...
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19th May
Practice notes
In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
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19th May
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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19th May
Practice notes
An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...
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19th May
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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19th May
Q&As
The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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19th May
Practice notes
What is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Most recent Property insolvency content

Practice notes
Corporate Insolvency and Governance Act 2020—impact on CVAsOn 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) came into...
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27th Jul
Practice notes
Voluntary arrangement of general partnershipsIn addition to the better-known company voluntary arrangements (CVAs) and individual voluntary...
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Produced in partnership with Phillip Patterson of Gatehouse Chambers 27th Jul
Practice notes
Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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Produced in partnership with Katrina Mather of Gatehouse Chambers 27th Jul
Q&As
A client is in voluntary liquidation and has the benefit of an overage over some land. The liquidation should be finalised shortly. Can the benefit of...
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Produced in partnership with Simon Passfield of Guildhall Chambers 27th Jul
Q&As
Where a commercial tenant goes into administration, will the administrator that is appointed be liable for rent due under an existing lease?STOP...
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27th Jul
Q&As
Q&A—Re-vesting of a dwelling-house following bankruptcyQMy client (an individual) is a bankrupt—is he entitled to have his disclaimed property...
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27th Jul
Practice notes
Escheat, bona vacantia and disclaimer by the CrownEscheatParamount lordship of the CrownThe principle which underlies the doctrine of escheat is a...
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22nd Jul
Practice notes
Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is...
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Produced in partnership with Steve Innes of 4 New Square 15th Jul
Q&As
What is the effect of the dissolution of a company which held an intermediate leasehold interest which was subject to a sub-tenancy?When a company is...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 23rd Jun
Precedents
Deed of surrender (tenant in administration)Date [insert date of surrender]Parties1[insert name of Landlord] [of [insert address] OR incorporated in...
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14th Jun

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