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TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance 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)

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)

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)

Featured Property content

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

Deed of variation of lease

This DEED is made on [date]Parties1[Insert name] [of [insert address] OR incorporated in England and Wales with company registration number [insert...

Deed of surrender

DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...

Energy Performance Certificates (EPCs) for commercial property in Scotland

Energy Performance Certificates (EPCs) for commercial property in ScotlandHow do EPCs apply to commercial property in Scotland?This Practice Note...

Practice notes

Overreaching—sales by trustees of land

Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...

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...

19th May

In-house

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,...

19th May

Precedents

Licence to assign—new tenancy

DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...

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...

19th May

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the...

19th May

Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...

19th May

Precedents

Contract for sale—agricultural land—freehold, vacant possession

Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...

19th May

Precedents

Rent Review Memorandum

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

19th May

Practice notes

Lease surrenders

What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...

19th May

Precedents

Promotion agreement

Date: [date]Parties1[name of Owner] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...

19th May

Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...

19th May

Q&As

Company X has a first legal charge secured against a property. The second legal charge holder is in the process of issuing possession proceedings. If the second charge holder successfully obtains possession order, how will this effect Company X’s first legal charge? For example, will the second charge holder need to pay Company X before they can do anything with the property, ie sell the property?

In answering this Q&A, we have assumed that there is no inter-creditor agreement as between the first and second legal charge holders: such that no...

Produced in partnership with Christopher Snell of New Square Chambers 19th May

Practice notes

Collateral security—general

The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...

19th May

Practice notes

Sub-sales and assignments

A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...

19th May

Practice notes

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

19th May

Most recent Key developments and horizon scanning content

Practice notes

Reform of UK insolvency laws

Reform of UK insolvency lawsBackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at...

28th Jul

Key developments and horizon scanning

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Latest Property News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

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)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Featured Property content

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Deed of variation of lease

Deed of surrender

Energy Performance Certificates (EPCs) for commercial property in Scotland

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