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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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19th May
Precedents
date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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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
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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19th May
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came into force on 1 January 1997. Under it:•the trust for sale is replaced by...
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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
Precedents
Date: [date]Parties1[name of Owner] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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19th May
Practice notes
ARCHIVED: The third edition of the Royal Institution of Chartered Surveyors (RICS) Code of Practice ‘Service charges in commercial property’ (and all...
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19th May
Practice notes
Merger may determine a lease when both the lease and the reversion on that lease become vested in the same person and that person holds both interests...
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19th May
Practice notes
The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...
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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

Most recent Buildings insurance content

Practice notes
Insurance—a practical lease negotiation guideThis Practice Note discusses considerations for landlords and tenants when negotiating insurance...
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2nd Aug
Q&As
Do you have a Precedent for a clause in a lease requiring a tenant to bear uninsured losses?We do not have a Precedent clause providing for a tenant...
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1st Aug
Practice notes
Insurance—duty of disclosureDuty of 'fair presentation'Under the Insurance Act 2015, s 3 (IA 2015), the insured has a duty to make a 'fair...
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1st Aug
Q&As
Can a landlord back-date insurance demands for a commercial tenant going back eight or nine years if lease is silent?In any commercial lease it is...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Practice notes
Tenants carrying out works—insurance issuesTenants frequently carry out fit-out works at (or often prior to) the start of a lease and may also carry...
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31st Jul
Practice notes
Entitlement to insurance moneyMost modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and...
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31st Jul
Practice notes
Buildings insurance—subrogation rights and waiversThe principle of subrogationSubrogation is the right of an insurer, once it has made payment to its...
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31st Jul
Practice notes
Tenant’s insurance issues—paymentLevel of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant...
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31st Jul
Practice notes
Insuring against terrorist risksPool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early...
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31st Jul
Practice notes
Differences—joint insured and notingJoint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same...
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31st Jul
Practice notes
Tenant’s insurance issues—who insures and what is insured?Who insures?Whenever practical a tenant's solicitor should propose that the premises are...
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31st Jul
Practice notes
Flood reinsurance—the Flood Re schemeBackground to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as...
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Produced in partnership with Groundsure and Burges Salmon 31st Jul
Practice notes
Buyer’s contract negotiation guide—insurance and riskWhen does risk pass to the buyer?The fundamental principle which most contracts invariably follow...
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31st Jul
Practice notes
Insurance—non-vitiation (non-invalidation) clausesVitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the...
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31st Jul
Practice notes
Flood insurance—overview of the marketIntroduction to flood insuranceThe property, legal and financial markets are becoming increasingly sensitive to...
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Produced in partnership with Argyll Environmental and Burges Salmon 31st Jul
Practice notes
Tenant’s insurance issues—rent suspensionNo suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance....
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31st Jul
Practice notes
The Riot Compensation Act 2016The Riot Compensation Act 2016 (RCA 2016) creates a new scheme in England and Wales to allow compensation to be claimed...
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31st Jul
Practice notes
Tenant’s insurance issues—risksInsured risksIt is in the tenant’s interests to ensure the landlord covenants to insure against as comprehensive a...
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31st Jul
Practice notes
Uninsured damage or loss—leasesIn most commercial leases the landlord effects:•building insurance, and •insurance for loss of rent—for the period it...
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30th Jul
Precedents
1 Tenant's obligation to insure The Tenant covenants with the Landlord to insure the Property and keep it insured, against...
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26th Sep

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