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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
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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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
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 12th Jan
Practice notes
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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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
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
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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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
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
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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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
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

Most recent Insurance content

Practice notes
Level of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant where the landlord’s obligation...
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15th Jan
Practice notes
In some respects, the only real value in any contractual duty under an appointment or obligation under a warranty'>collateral warranty lies in the...
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15th Jan
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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15th Jan
Practice notes
In most commercial leases the landlord effects:•building insurance, and •insurance for loss of rent—for the period it estimates it will take to...
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15th Jan
Practice notes
This Practice Note discusses a tenant’s considerations when negotiating insurance provisions in a rack rent commercial lease. It identifies key...
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15th Jan
Practice notes
Usually a lease provides that in the event of damage or destruction, such that the tenant is unable to occupy or trade from the property or access it,...
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15th Jan
Practice notes
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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15th Jan
Practice notes
Inadequate insurance or service charge provisionsA landlord of a flat lease may covenant to insure or provide other services 'subject to and...
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15th Jan
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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15th Jan
Practice notes
Insured risksIt is in the tenant’s interests to ensure the landlord covenants to insure against as comprehensive a range of risks as possible as:•an...
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15th Jan
Practice notes
Agricultural Holdings Act 1986Where a tenancy agreement is governed by the Agricultural Holdings Act 1986, the obligations of the landlord and the...
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15th Jan
Practice notes
Who insures?Whenever practical a tenant's solicitor should propose that the premises are insured in the joint names of the landlord and the tenant....
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15th Jan
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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15th Jan
Practice notes
Environmental insurance is a useful way of managing environmental risks stemming from the work carried out by contractors and consultants. For more on...
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Produced in partnership with Duncan Spencer of EDIA 15th Jan
Practice notes
Environmental insuranceEnvironmental insurance is a risk transfer solution to indemnify the insured against losses arising as a result of potential...
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Produced in partnership with Argyll Environmental Ltd 15th Jan
Practice notes
The need for environmental insuranceDevelopment of brownfield or redeveloped land has the potential to increase the value of a client’s property....
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Produced in partnership with Duncan Spencer of EDIA Ltd 15th Jan
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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Produced in partnership with Argyll Environmental and Burges Salmon 15th Jan
Q&As
It is not unusual for parties to take a step without prejudice to the contention that the legal position is different to that which would be reflected...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th 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
Practice notes
Environmental insurance is a useful way of managing environmental risks, both for operational businesses and in many transactions and development...
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Produced in partnership with Duncan Spencer of EDIA Ltd 8th Jan

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