Property development

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Practice notes
Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2020 archive•Property key future...
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22nd Oct
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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22nd Oct
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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20th Oct
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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20th Oct
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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26th Sep
Practice notes
Presumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a species of common law...
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26th Sep
Practice notes
Covenants restricting the use of land imposed by a seller may be divided into three classes:•covenants imposed for the seller’s own benefit•covenants...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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26th Sep
Practice notes
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...
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26th Sep
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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26th Sep
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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26th Sep
Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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26th Sep
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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26th Sep
Practice notes
Under the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994), the seller will normally provide covenants for title, in...
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25th Sep
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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25th Sep
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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25th Sep

Most recent Property development content

Precedents
1Construction Industry Scheme—for use where the landlord’s contribution is a reverse premiumThe Landlord and Tenant acknowledge that the Landlord’s...
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2nd Sep
Practice notes
Starter homes policy2014 starter homes consultationIn December 2014 the government first announced its intention to launch a new starter homes scheme,...
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25th Sep
Practice notes
What is an equity-sharing lease?An ‘equity-sharing’ lease is a structure which can be used as a mechanism for joint venture investment in property.In...
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25th Sep
Practice notes
UtilitiesThe water, gas, electricity, communications and energy industries enjoy statutory rights of access onto private land to lay pipes, wires,...
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25th Sep
Practice notes
Why have an oversail licence on a construction project?Under English law, the freehold owner of land will usually own the air space above their land...
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25th Sep
Practice notes
Practical applicationPositive covenantsEnlargement of a long lease into a freehold can be used to preserve positive covenants as, following...
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25th Sep
Practice notes
What options exist for development sites?On acquiring land for development, a developer must consider what electricity lines and cables exist under or...
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25th Sep
Practice notes
This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...
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25th Sep
Practice notes
Time limits and delaysThe time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the...
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25th Sep
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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25th Sep
Practice notes
This Practice Note sets out the issues that a developer should consider in respect of rights of light (ROL) insurance and the common requirements,...
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25th Sep
Practice notes
Whether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern leases contain an express covenant...
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25th Sep
Practice notes
Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...
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25th Sep
Practice notes
Planning permission—does demolition count as 'development'?Under section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning...
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25th Sep
Practice notes
Works to treesGenerally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that...
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25th Sep
Practice notes
A contract for the sale of land, or of any interest in land, is void unless it complies with Law of Property (Miscellaneous Provisions) Act 1989, s 2...
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25th Sep
Practice notes
This Practice Note:•discusses the development of the large scale private rented sector (PRS)•considers the Government’s incentive package for Build to...
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25th Sep
Practice notes
What is the Code?The Consumer Code for Homebuilders (the Code) came into effect in April 2010. It is an industry-led code of conduct for home builders...
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25th Sep
Practice notes
When providing finance for any development or construction project, the lender (or funder) and its advisers will use various methods to protect the...
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25th Sep
Practice notes
What are site waste management plans?Site Waste Management Plans (SWMPs) were introduced as a way of providing greater rigour and transparency in...
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25th Sep

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