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Latest Property News

Questions around the proposed arbitration process for coronavirus rent arrears

Questions around the proposed arbitration process for coronavirus rent arrears

The following Property Disputes 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)

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)

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)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

The following Commercial news provides comprehensive and up to date legal information on A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

Featured Property content

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

Option agreements—the need for a long-stop date

Option agreements—the need for a long-stop date

Call options are frequently used by developers to secure a right to buy land if planning permission is obtained. Taking an option provides the...

Enquiries before contract

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....

Report on title—long form

Report on title—long form

Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of...

Precedents

Notice of assignment

notice of [assignment OR transfer]To: [insert name of landlord][of [insert address] OR whose registered office is at [insert address] Company number...
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19th May
Practice notes

A review of Standard Commercial Property Conditions (Second Edition) and practical tips

Agreements for sale of commercial propertyThe Standard Commercial Property Conditions (First Edition) were published in May 1999. At that stage it had...
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19th May
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Practice notes

Buildings insurance—subrogation rights and waivers

The principle of subrogationSubrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy,...
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19th May
Precedents

Deed of rectification—lease

Date [insert date of deed]Parties1[Insert name] of [insert address] (Landlord)2[Insert name] of [insert address] (Tenant)3[Insert name] of [insert...
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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...
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19th May
Practice notes

Manorial rights

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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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...
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19th May
Practice notes

Letter/certificate of non-crystallisation in property transactions

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

Lease variations—surrender and re-grant issues

A surrender and re-grant by operation of law can occur if an agreed variation of the terms of a lease is so fundamental that the law regards it as...
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19th May
Practice notes

Land charges—registration and purpose

Land charges are registered to protect the interests, in unregistered land, of a person who does not hold the title deeds and thus cannot physically...
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19th May
Practice notes

Headline rents

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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19th May
Precedents

Deed of release of covenants

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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19th May
Practice notes

Pre-completion searches

This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...
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19th May
Q&As

A landlord holds a property under a superior lease and is granting an underlease of the property. The freeholder is providing its consent by way of a licence to sublet. The underlease only has the landlord and tenant as parties to it. All three parties are party to the licence to sublet. The underlease contains a provision requiring the tenant to covenant with the superior landlord to comply with the obligations under the superior lease. Does the superior landlord benefit from this covenant? There is no superior landlord's consent required on an assignment of the lease so is this necessary to ensure compliance following any assignment?

There being neither a direct contractual relationship nor privity of estate (privity of estate exists between a landlord and tenant under the same...
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19th May
Practice notes

Legal mortgages and legal charges

The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...
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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...
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19th May

Most recent Environmental insurance content

Practice notes

Environmental insurance—when is it needed?

Environmental insurance—when is it needed?What is environmental insurance?Environmental insurance is a risk transfer solution to indemnify the insured...
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Produced in partnership with Argyll Environmental Ltd 1st Jul
Practice notes

Environmental insurance—extent of coverage

Environmental insurance—extent of coverageWhy is environmental insurance relevant?Environmental insurance is designed to provide protection to the...
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Produced in partnership with Duncan Spencer of EDIA Ltd 21st Jun
Practice notes

Environmental insurance—contractors and consultants

Environmental insurance—contractors and consultantsEnvironmental insurance is a useful way of managing environmental risks stemming from the work...
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Produced in partnership with Duncan Spencer of EDIA 5th Jun
Practice notes

Environmental insurance—businesses

Environmental insurance—businessesEnvironmental insurance is used to manage environmental risks, both for operational businesses and in many...
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Produced in partnership with Duncan Spencer of EDIA Ltd 5th Jun
Practice notes

Environmental insurance—types

Environmental insurance—typesEnvironmental insuranceEnvironmental insurance is a risk transfer solution to indemnify the insured against losses...
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Produced in partnership with Argyll Environmental Ltd 5th Jun
Practice notes

Environmental insurance—transactions

Environmental insurance—transactionsEnvironmental insurance is a useful way of managing environmental risks, both for operational businesses and in...
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Produced in partnership with Duncan Spencer of EDIA Ltd 5th Jun
Practice notes

Environmental insurance—remediation and development projects

Environmental insurance—remediation and development projectsThe need for environmental insuranceDevelopment of brownfield or redeveloped land has the...
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Produced in partnership with Duncan Spencer of EDIA Ltd 5th Jun
Practice notes

Flood insurance—overview of the market

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 5th Jun
Practice notes

Environmental insurance—advantages and disadvantages

Environmental insurance—advantages and disadvantagesEnvironmental insurance is now considered a standard tool in the management of environmental...
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Produced in partnership with Duncan Spencer of EDIA Ltd 5th Jun

Popular documents

Rescission of a contract

Rescission of a contract

Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

Enquiries before contract

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications

Joint, several, and joint and several liability

Joint, several, and joint and several liability

Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and