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Latest Property News

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

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

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)

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)

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

Mortgagees and tenants

Mortgagees and tenants

Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written...

The Law Society’s Conveyancing Protocol

The Law Society’s Conveyancing Protocol

The Law Society’s Conveyancing Protocol (the Protocol) came into force on 1 April 2011, with the 2019 edition replacing the 2011 edition as of 19...

Template completion statement—sale

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...

Reversionary lease by reference

Reversionary lease by reference

 LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this Lease is granted. Leave blank if not...

Precedents

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...
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19th May
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...
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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...
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19th May
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Practice notes

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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19th May
Practice notes

Insolvency—fixed charge receivership

Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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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...
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19th May
Precedents

Contract for sale—freehold vacant possession conditional on planning incorporating the Standard Commercial Property Conditions (Third Edition)

date [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...
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19th May
Practice notes

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...
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19th May
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....
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19th May
Practice notes

Restrictive covenants and unregistered land

Registrable restrictive covenantsRestrictive covenants imposed on unregistered land are registrable as D(ii) land charges unless:•entered into before...
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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...
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19th May
Practice notes

Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership

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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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...
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19th May
Practice notes

Merger of freehold and leasehold titles—law and land registration procedure

Merger may determine a lease when both the lease and the reversion on that lease become vested in the same person and that person holds both interests...
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19th May
Practice notes

Alterations outside the demise

In the absence of an express provision in the lease (which is rare), a landlord has an absolute right to refuse consent to alterations outside the...
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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...
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19th May

Most recent Property development content

Precedents

Precedent notices under the previous Electronic Communications Code [Archived]

Precedent notices under the previous Electronic Communications Code [Archived]ARCHIVED: This archived Precedent is drafted in the context of the...
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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...
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27th Jul
Practice notes

New Electronic Communications Code—Code rights

New Electronic Communications Code—Code rightsFORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021)...
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27th Jul
Practice notes

Previous Electronic Communications Code [Archived]

Previous Electronic Communications Code [Archived]ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic...
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27th Jul
Practice notes

Previous Electronic Communications Code—differences between the ‘general’ and ‘special’ regimes [Archived]

Previous Electronic Communications Code—differences between the ‘general’ and ‘special’ regimes [Archived]ARCHIVED: This archived Practice Note is...
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27th Jul
Q&As

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B, A's neighbour, is planning to redevelop its land. The redevelopment will affect the operator's network both during and after construction. B has not served a paragraph 20 notice on the operator. What steps can the operator take to avoid interruption to its network? Can the operator claim its costs of relocation from B?

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B,...
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27th Jul
Q&As

A telecommunications operator’s lease of a rooftop site was terminated on forfeiture of a headlease. The freeholder then served a paragraph 21 notice under the Electronic Communications Code, and the operator served a counter notice. The freeholder has issued possession proceedings which have been listed for hearing. The operator intends to serve a paragraph 5 notice before the hearing and seek further directions in that regard. Should the proceedings be treated as a possession claim under CPR Part 55 and accordingly does the operator need to file a defence within 14 days?

A telecommunications operator’s lease of a rooftop site was terminated on forfeiture of a headlease. The freeholder then served a paragraph 21 notice...
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27th Jul
Practice notes

Funds for liabilities under the Electronic Communications Code

Funds for liabilities under the Electronic Communications CodeThe Digital Economy Act 2017 (DEA 2017)Section 4 and Schedule 1 to the Digital Economy...
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Produced in partnership with Purvi Parekh of Anakiya Consulting 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)...
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27th Jul
Q&As

The Housing Grants, Construction and Regeneration 1996 does not apply to agreements which fall within the ‘development agreement’ exception in the Construction Contracts (England and Wales) Exclusion Order, SI 1998/648. SI 1998/648 provides that a contract is a development agreement if it provides for the grant or disposal of a relevant interest in the land on which the construction operations take place (SI 1998/648, reg 6). Would a forward funding agreement (where there is a separate sale and purchase contract with the fund) fall within the development agreement exception, even if it contains no obligations on the developer as to letting of units?

The Housing Grants, Construction and Regeneration 1996 does not apply to agreements which fall within the ‘development agreement’ exception in the...
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26th Jul
Practice notes

Limited liability partnership agreements

Limited liability partnership agreementsIt will almost always be advisable for the partners of a limited liability partnership (LLP) to enter into a...
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23rd Jul
Practice notes

The nature of a limited liability partnership and its legal framework

The nature of a limited liability partnership and its legal frameworkA limited liability partnership (LLP) is not a partnership but a body corporate...
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22nd Jul
Precedents

Contract for sale—freehold vacant possession conditional on planning incorporating the Standard Commercial Property Conditions (Third Edition)

Contract for sale—freehold vacant possession conditional on planning incorporating the Standard Commercial Property Conditions (Third Edition)date...
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16th Jul
Q&As

What are the advantages and disadvantages to a landowner of a planning application being made in the joint names of the land owner and developer? Should a landowner resist a clause that allows the developer to apply for planning permission in its sole name only?

What are the advantages and disadvantages to a landowner of a planning application being made in the joint names of the land owner and developer?...
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15th Jul
Practice notes

Yielding up and vacant possession

Yielding up and vacant possessionWhether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern...
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13th Jul
Practice notes

Lender protection on construction projects—introductory guide

Lender protection on construction projects—introductory guideWhen providing finance for any development or construction project, the lender (or...
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8th Jul
Practice notes

Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid

Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paidCoronavirus (COVID-19): This...
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7th Jul
Practice notes

Starter homes policy and the Housing and Planning Act 2016 [Archived]

Starter homes policy and the Housing and Planning Act 2016 [Archived]ARCHIVED: This archived Practice Note is not maintained and is for background...
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7th Jul
Practice notes

The nature of a limited partnership and its legal framework

The nature of a limited partnership and its legal frameworkSources of limited partnership lawThe main body of law governing a limited partnership...
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6th Jul
Precedents

Capital allowances clause—agreement for lease with a landlord’s contribution

Capital allowances clause—agreement for lease with a landlord’s contribution1Capital allowances1.1In this clause 1:CAA 2001•means Capital Allowances...
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Produced in partnership with Martin Wilson 30th Jun

Popular documents

Insurable interest

Insurable interest

Insurable interestThis Practice Note considers insurable interest, including insurable interest in construction and liability insurance. It also considers insurable interest in subrogation, co-insurance and double insurance and the Insurable Interest Bill.What is insurable interest?‘Insurable

Fixtures and fittings

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 contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty

Amending the articles of association

Amending the articles of association

Amending the articles of associationThis Practice Note summarises the procedure to amend or change a company’s articles of association in accordance with the Companies Act 2006 (CA 2006).Why amend the articles?There are many different reasons why a company may want, or be required, to amend its

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sectorOn 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise