Investigating title

Precedents

Report on construction documentation

Report on construction documentation[insert name of property]Executive summary[insert a general summary of the construction documents/highlight any...

27th Jul

Practice notes

Telecoms leases—the previous Electronic Communications Code—drafting points and due diligence [Archived]

Telecoms leases—the previous Electronic Communications Code—drafting points and due diligence [Archived]ARCHIVED: This archived Practice Note is...

27th Jul

Precedents

Report on title—long form

Report on title—long formProperty: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable)...

27th Jul

Practice notes

Occupiers and overriding interests

Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....

23rd Jul

Practice notes

Land registration—fraud and identity checks

Land registration—fraud and identity checksCoronavirus (COVID-19): HM Land Registry has introduced a new Practice Guide 67A: temporary changes to HM...

21st Jul

Precedents

Report on title—short form

Report on title—short formProperty: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable)...

14th Jul

Practice notes

Joining or dealing with unincorporated associations

Joining or dealing with unincorporated associationsFORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law Commission’s...

9th Jul

Practice notes

Energy performance certificates (EPCs)—what are they and when are they required?

Energy performance certificates (EPCs)—what are they and when are they required?Coronavirus (COVID-19): The requirements to obtain an EPC before a...

25th Jun

Sustainable Business Toolkit

Precedents

Report on title—occupational lease report for leasehold occupier

Report on title—occupational lease report for leasehold occupierLease of [name of Property] (the Property)[Schedule [number]]Landlord: [details] (the...

24th Jun

Precedents

Report on title—property report for leasehold occupier

Report on title—property report for leasehold occupierTo: The [directors OR partnership][Insert the Tenant’s name, address and (if applicable) company...

22nd Jun

Precedents

Investment acquisition—lease exceptions [Archived]

Investment acquisition—lease exceptions [Archived]This Precedent has been archived. For maintained precedent reports on title, see Report on...

17th Jun

Precedents

Investment acquisition —occupational lease [Archived]

Investment acquisition —occupational lease [Archived]This Precedent has been archived. For maintained precedent reports on title, see Report on...

17th Jun

Practice notes

Minimum energy efficiency standards (MEES)—non-domestic property—transactional issues

Minimum energy efficiency standards (MEES)—non-domestic property—transactional issuesCoronavirus (COVID-19): The requirements to obtain an EPC before...

11th Jun

Practice notes

Environmental due diligence—leases

Environmental due diligence—leasesA number of environmental liability issues can arise in property transactions. See Practice Notes: Environmental...

Produced in partnership with ELM Law 8th Jun

Q&As

A landlord grants a lease of part of its property (Plot A) with a right of way over its adjoining land (Plot B) and tenant covenants not to obstruct the right of way, make good damage, etc. If the landlord sells Plot B to a third-party buyer, will the buyer have the benefit of the tenant covenants? Ie is this a split reversion for the purposes for the Landlord and Tenant (Covenants) Act 1995 even though the landlord has not assigned any interest in the ‘demised premises’ (Plot A))? If so, does that mean the landlord can no longer serve the Landlord and Tenant Act 1954 notices without the new owner of Plot B?

A landlord grants a lease of part of its property (Plot A) with a right of way over its adjoining land (Plot B) and tenant covenants not to obstruct...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

Q&As

On enfranchisement of a house, the freehold is unregistered. The landlord/seller cannot produce a good root of title. Just an assent dating from 1984 which they say HM Land Registry have accepted before on other transactions. They refuse to register their title in advance of the enfranchisement. What title will HM Land Registry grant or will they refuse to register it? If they refuse or the buyer gets only possessory title, can the buyer claim against the seller under the full title guarantee and what would that mean in practice? Should we ask the seller for a defective title indemnity insurance policy? What else can the buyer do?

On enfranchisement of a house, the freehold is unregistered. The landlord/seller cannot produce a good root of title. Just an assent dating from 1984...

6th Jun

Q&As

Is a landlord or right to manage company under a duty to provide the requisite information to enable the seller of one of their leasehold properties to answer the standard LPE1s?

Is a landlord or right to manage company under a duty to provide the requisite information to enable the seller of one of their leasehold properties...

6th Jun

Q&As

The sole survivor (Mrs X) of a joint tenancy of a property dies and the property is being sold by Mrs X’s executors. The property is unregistered land. Would the death certificate of the other joint tenant (Mr X) be required in relation to the sale transaction.

The sole survivor (Mrs X) of a joint tenancy of a property dies and the property is being sold by Mrs X’s executors. The property is unregistered...

6th Jun

Q&As

In the context of a sale contract and a potential overriding interest, is there any legislative requirement for the signature of a person in actual occupation to be witnessed?

In the context of a sale contract and a potential overriding interest, is there any legislative requirement for the signature of a person in actual...

6th Jun

Q&As

As the owner of land that borders a river where the riverbed is registered in the name of another, can I fish in the river?

As the owner of land that borders a river where the riverbed is registered in the name of another, can I fish in the river?Is the river tidal or...

6th Jun

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