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TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

The following Private Client news provides comprehensive and up to date legal information on SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Featured Property content

Mortgagees and tenants

Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written...

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

Deed of variation of lease

This DEED is made on [date]Parties1[Insert name] [of [insert address] OR incorporated in England and Wales with company registration number [insert...

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...

19th May

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...

19th May

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...

19th May

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....

19th May

Practice notes

Implied easements—common law

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...

19th May

Practice notes

Restrictive covenants and unregistered land

Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...

19th May

Practice notes

Lease surrenders

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...

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 overreaching?

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...

19th May

Practice notes

Apportioning rent—the methods

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Whenever a property is sold,...

19th May

Practice notes

Alterations outside the demise

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...

19th May

Practice notes

Quistclose trusts

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...

19th May

Practice notes

Property exclusivity agreements

An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...

19th May

Practice notes

Sub-sales and assignments

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...

19th May

Q&As

In terms of the Law Society’s Conveyancing Protocol 2019, can a solicitor who is a member of the Conveyancing Quality Scheme charge a fee for a notice to complete if there is no provision in the contract for such fee to be charged?

The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

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...

19th May

Practice notes

Dealing with rights of pre-emption on transfer of property in Scotland

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...

Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Scottish Law

Most recent Property insolvency content

Practice notes

Corporate Insolvency and Governance Act 2020—impact on CVAs

Corporate Insolvency and Governance Act 2020—impact on CVAsOn 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) came into...

27th Jul

Practice notes

Voluntary arrangement of general partnerships

Voluntary arrangement of general partnershipsIn addition to the better-known company voluntary arrangements (CVAs) and individual voluntary...

Produced in partnership with Phillip Patterson of Gatehouse Chambers 27th Jul

Practice notes

Dissolution and bona vacantia—dealing with the Treasury Solicitor

Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...

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 the overage be assigned to a third party before its finalised?

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...

Produced in partnership with Simon Passfield of Guildhall Chambers 27th Jul

Q&As

Where a trustee in bankruptcy obtains a possession and sale order in respect of a jointly-owned property, and the order appoints the trustee in the non-bankrupt co-owner’s place under section 41 of the Trustee Act 1925 to execute all necessary deeds, documents and instruments relating to a sale of that property, do the bankrupt and the co-owner need to be parties to the sale contract and can the trustee execute the transfer deed on their behalf?

Where a trustee in bankruptcy obtains a possession and sale order in respect of a jointly-owned property, and the order appoints the trustee in the...

Produced in partnership with XXIV Old Buildings 27th Jul

Q&As

An LPA/fixed charge receiver has agreed to sell some agricultural land to the proposed purchaser, who has been granted a license to occupy the property until completion for the purpose of separating the land from adjoining premises. What are the powers and duties of an LPA reciever?

An LPA/fixed charge receiver has agreed to sell some agricultural land to the proposed purchaser, who has been granted a license to occupy the...

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?

Where a commercial tenant goes into administration, will the administrator that is appointed be liable for rent due under an existing lease?STOP...

27th Jul

Q&As

Q&A—Re-vesting of a dwelling-house following bankruptcy

Q&A—Re-vesting of a dwelling-house following bankruptcyQMy client (an individual) is a bankrupt—is he entitled to have his disclaimed property...

27th Jul

Practice notes

Escheat, bona vacantia and disclaimer by the Crown

Escheat, bona vacantia and disclaimer by the CrownEscheatParamount lordship of the CrownThe principle which underlies the doctrine of escheat is a...

22nd Jul

Q&As

Where a tenant company has filed a company voluntary arrangement (CVA) and wishes to assign the lease, should the landlord deal with the tenant or its insolvency practitioners in that regard? And, in the context of a CVA, can the landlord request an authorised guarantee agreement from the original guarantor?

Where a tenant company has filed a company voluntary arrangement (CVA) and wishes to assign the lease, should the landlord deal with the tenant or its...

Produced in partnership with Helen Galley of XXIV Old Buildings 20th Jul

Practice notes

Best price reasonably obtainable—what it means for receivers

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...

Produced in partnership with Steve Innes of 4 New Square 15th Jul

Q&As

Company X was the registered proprietor of both a registered freehold and two registered leases but no application was made to the Land Registry to merge the titles on acquisition. X subsequently transferred the freehold to Y with the intention that the freehold was unencumbered by the leases and X was struck off the register of companies on the assumption that its property interests had all been disposed of. Y sold part of the freehold to Z. Can Y and Z now apply to the Land Registry to retrospectively merge the freehold and leasehold estates, remove the entries for the leases from the freehold titles and close the leasehold titles?

Company X was the registered proprietor of both a registered freehold and two registered leases but no application was made to the Land Registry to...

24th Jun

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 23rd Jun

Q&As

Our client entered into an agreement, under which a contingent right exists for a purchasing company to purchase various plots of land from our client over a number of years. The right was drafted to ensure that it was exclusive to the purchasing company, allowing no right of assignment. The purchasing company has since been dissolved and we understand that its assets have passed to the Crown bona vacantia. Is the Treasury Solicitor now able to enforce the rights under the contract to purchase land from our client? There is no right to terminate the contract upon dissolution.

Our client entered into an agreement, under which a contingent right exists for a purchasing company to purchase various plots of land from our client...

18th Jun

Q&As

Where a landlord holds money on trust for a tenant pursuant to a rent deposit deed and a tenant goes into liquidation prior to the landlord drawing down on the rent deposit deed in accordance with the deed for arrears in rent existing prior to liquidation, do the sums forming the deed form part of the liquidation and will the landlord become an unsecured creditor for outstanding rent?

Where a landlord holds money on trust for a tenant pursuant to a rent deposit deed and a tenant goes into liquidation prior to the landlord drawing...

17th Jun

Precedents

Deed of surrender (tenant in administration)

Deed of surrender (tenant in administration)Date [insert date of surrender]Parties1[insert name of Landlord] [of [insert address] OR incorporated in...

14th Jun

Q&As

The tenant of a 1954 Act protected lease enters into a company voluntary arrangement. The lease is due to expire during the period covered by the CVA, but the CVA does not address the lease renewal process. Can the landlord trigger the lease renewal process by serving a section 25 notice during the period covered by the CVA? If so, must the landlord serve a copy of the notice on the CVA supervisor? Will the CVA affect the level of rent that the landlord is entitled to in the new lease?

The tenant of a 1954 Act protected lease enters into a company voluntary arrangement. The lease is due to expire during the period covered by the CVA,...

11th Jun

Q&As

In 2019, a Council served a section 79 of the Notice (Building Act 1984) in respect of premises which were owned by a dissolved company. The building on the premises was demolished in 2020. To recover the costs of demolition, the Council intends to go for an enforced sale. Do you have any guidance in respect of the procedure? Presumably, the premises will be bona vacantia and dealings will need to be had with the Government's BVD.

In 2019, a Council served a section 79 of the Notice (Building Act 1984) in respect of premises which were owned by a dissolved company. The building...

10th Jun

Q&As

There is a restriction on title in respect of a charging order in favour of a dissolved company. For the purposes of signing an RX4, would a retired company director of a dissolved company be the 'appropriate person' interested in the restriction and acceptable to the land registry?

There is a restriction on title in respect of a charging order in favour of a dissolved company. For the purposes of signing an RX4, would a retired...

8th Jun

Q&As

Where a commercial tenant company dissolves on the basis of a non-insolvent voluntary liquidation leaving ongoing liabilities under LTA 1954 lease, what are the landlord’s remedies in respect of the continuing obligations ie rent and dilapidations, including any preemptive steps?

Where a commercial tenant company dissolves on the basis of a non-insolvent voluntary liquidation leaving ongoing liabilities under LTA 1954 lease,...

6th Jun

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Property insolvency

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Latest Property News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Featured Property content

Mortgagees and tenants

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

Equitable mortgages and equitable charges—general principles and registered land

Deed of variation of lease

Most recent Property insolvency content

Popular documents

Form of transfer of shares

Summary assessment—statement of costs

Issue of redeemable shares

Mortgagees and tenants

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