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Practice notes
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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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
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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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
[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]...
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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
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
The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Investigating title content

Practice notes
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...
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Produced in partnership with ELM Law 15th Jan
Practice notes
The Commercial Property Standard Enquiries(CPSEs) are a suite of documents prepared by members of the London Property Support Lawyers Group (LPSLG)...
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15th Jan
Practice notes
Unincorporated associations fall into two broad categories:•charitable associations, and•‘member-interest’ associationsBoth:•will generally be...
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15th Jan
Practice notes
In this Practice Note, receivers, administrators and liquidators will, for convenience, be referred to collectively as Insolvency Practitioners (IPs),...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...
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15th Jan
Practice notes
What is chancel repair liability?Chancel repair liability is an ancient interest which potentially benefits pre-Reformation churches in England and...
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15th Jan
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...
Read More >
15th Jan
Practice notes
Land Charges searches are not required for dealings with registered land, but if you are acting for a lender in connection with a charge over an...
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15th Jan
Practice notes
Stamp dutyCheck that each document prior to 1 December 2003 has been correctly stamped. Where necessary, ask the seller to apply for late stamping at...
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15th Jan
Practice notes
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)...
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15th Jan
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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15th Jan
Practice notes
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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15th Jan
Practice notes
A caution against first registration (referred to as the ‘caution’ throughout this Practice Note) is a means of protecting an interest in unregistered...
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15th Jan
Practice notes
What additional searches should be undertaken?More specific searches and enquiries may be required depending on the property location, its surrounding...
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15th Jan
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...
Read More >
15th Jan
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...
Read More >
15th Jan
Practice notes
What are overriding interests?Overriding interests are interests which are binding on property even though they do not appear on the register. They...
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15th Jan
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...
Read More >
15th Jan
Practice notes
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...
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15th Jan

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