Defective title insurance

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Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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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
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
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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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
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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9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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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
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 Defective title insurance content

Practice notes
Defective title insurance policies, or policies covering breach of restrictive covenants, usually contain conditions relating to the disclosure of the...
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8th Apr
Practice notes
As a general rule, law firms are not permitted to engage directly in insurance distribution activities, unless they are licensed by the FCA. This...
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8th Feb
Precedents
We have reached a stage in your matter where we believe it would be in your best interests to buy [insert type of insurance]. We have suggested you...
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21st Jan
Q&As
Case study:‘An ex- council house, bought in 1993 under the right to buy contained in the Housing Act 1985, is subject to standard restrictive...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
Case studyA contract incorporates the Standard Conditions of Sale (5th Edition). The parties had agreed in correspondence prior to exchange that the...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
Mines and minerals are properly the subject of an exception, not a reservation, as the minerals are part of (and so ‘excepted from’) the land being...
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29th Nov
Q&As
For an article that discusses the risks of indemnity insurance as a solution to a breach of covenant issue, see Property/Insurance: Double Jeopardy?...
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29th Nov

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