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Latest Property News

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

The following Private Client news provides comprehensive and up to date legal information on Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

Property weekly highlights—8 April 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—8 April 2021

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

Featured Property content

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...

Resulting trusts

Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...

Benevolent funds

A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...

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...

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...

9th Nov

Practice notes

Pre-completion searches

Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...

9th Nov

Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...

9th Nov

Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...

9th Nov

Precedents

Rent authority letter—commercial property

[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Practice notes

Guide to reviewing certificate of title

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...

9th Nov

Practice notes

Fixtures and fittings

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...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

9th Nov

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

9th Nov

Practice notes

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

The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...

9th Nov

Practice notes

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...

9th Nov

Practice notes

What is a good and marketable title?

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...

9th Nov

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...

9th Nov

Most recent Investigating title content

Practice notes

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

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and highlights...

9th Apr

Practice notes

Law Society Practice Notes

Law Society practice notes clarify the Law Society's position on good practice in relation to particular issues and areas of law but are not intended...

8th Apr

Practice notes

Buying property from a sole surviving co-owner

Co-ownershipWhere property is purchased in the joint names of two or more co-owners a statutory ‘trust of land’ arises. Trustee Act 1925, s 34(2)...

8th Apr

Practice notes

Occupiers and overriding interests

Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...

8th Apr

Practice notes

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...

8th Apr

In-house

Practice notes

Commercial Property Standard Enquiries—CPSE

The Commercial Property Standard Enquiries(CPSEs) are a suite of documents prepared by members of the London Property Support Lawyers Group (LPSLG)...

8th Apr

Practice notes

Additional pre-contract searches

What additional searches should be undertaken?More specific searches and enquiries may be required depending on the property location, its surrounding...

8th Apr

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...

8th Apr

Practice notes

Misrepresentation, misstatement and non-disclosure in property matters

This Practice Note looks at misrepresentation, misstatement and non-disclosure in property transactions. It covers a seller’s liability for replies...

8th Apr

Practice notes

Law Society standard residential enquiries before contract

The following enquiries before contract are commonly raised by sellers in residential conveyancing:•TA6—Property Info...

8th Apr

Practice notes

Joining or dealing with unincorporated associations

Unincorporated associations fall into two broad categories:•charitable associations, and•‘member-interest’ associationsBoth:•will generally be...

8th Apr

Practice notes

Reverter

From the middle of the 19th century, Parliament encouraged individuals to give land for charitable purposes (notably education and religion) by...

8th Apr

Practice notes

Land registration—classes of title

On first registration of an estate in land, the registrar will decide what class of title can be awarded based on the quality of title that they have...

8th Apr

Practice notes

Interests which have lost overriding status

What are overriding interests?Overriding interests are interests which are binding on property even though they do not appear on the register. They...

8th Apr

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...

8th Apr

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...

8th Apr

Practice notes

Local Authority Search

The Local Authority search is a search of the Local Authority’s records in respect of the property. It is made up of three forms: LLC1, CON29 and...

8th Apr

Practice notes

Issues with split reversions

A split reversion (also known as a severed reversion) most commonly arises when a landlord, after granting a lease of a property, disposes of their...

8th Apr

Practice notes

Cautions against first registration

A caution against first registration (referred to as the ‘caution’ throughout this Practice Note) is a means of protecting an interest in unregistered...

8th Apr

Practice notes