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Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Property weekly highlights—14 January 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—14 January 2021

Finance Bill 2020—new clauses published on 25 June 2020

The following Employment news provides comprehensive and up to date legal information on Finance Bill 2020—new clauses published on 25 June 2020

Featured Property content

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...

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...

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...

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

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

Deed of grant of easements

This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...

9th Nov

Practice notes

Applying the proceeds of sale

Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...

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

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...

9th Nov

In-house

Practice notes

Lease variations—surrender and re-grant issues

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...

9th Nov

Practice notes

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...

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

Precedents

Disclosable overriding interests questionnaire

You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...

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

Practice notes

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

9th Nov

Practice notes

Double funding

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...

9th Nov

Precedents

Landlord’s Section 45 Counter—notice to Tenant s 42 Notice

Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...

9th Nov

Most recent Property development content

Practice notes

New Electronic Communications Code—terminating and modifying Code rights

The new CodeThis Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For...

15th Jan

Practice notes

Habitats and wildlife issues for developers

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

15th Jan

Precedents

Particulars of claim for right of light claim

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

Produced in partnership with Browne Jacobson LLP 15th Jan

Precedents

Drafting note for claim form in right of light proceedings

IntroductionA claim about rights of light will often be commenced under CPR 7 by using Claim form (N1), although in some cases the CPR Part 8...

Produced in partnership with Browne Jacobson LLP 15th Jan

Practice notes

Agreements for lease with development obligations—security for the funder

A funder will often only agree to fund a development if it has been pre-let. The existence of the pre-let(s) comforts the developer’s funder that its...

15th Jan

Practice notes

Property exclusivity agreements

An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...

15th Jan

Practice notes

Planning issues in demolition

Planning permission—does demolition count as 'development'?Under section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning...

15th Jan

Practice notes

Overriding easements and other rights

IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...

15th Jan

Practice notes

Types of development structures

Choosing a structureUnless promoted by a single entity (whether or not with mortgage funding) many developments take place through collaboration. This...

15th Jan

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

15th Jan

Practice notes

Planning judicial review

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Practice notes

The ‘ad medium filum’ rule

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...

15th Jan

Practice notes

Agreements for lease with development obligations—assignment

Assignment by the tenantThe more important a particular tenant is to the viability of a particular development, the more likely that the landlord will...

15th Jan

Practice notes

Drafting a contract conditional on planning

Nature of the conditionIt is common for contracts for the sale of commercial property to be drafted on the basis that completion of the transaction is...

15th Jan

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

15th Jan

Practice notes

Property Joint Ventures—deadlock

In order to protect their respective interests, parties to a joint venture frequently arrange their voting rights or construct other control...

15th Jan

Practice notes

Agreements for lease with development obligations—completion

Rent commencement dateAgreements for lease generally specify that the tenant is obliged to take the lease on, or within a short period after,...

15th Jan

Practice notes

Agreements for lease with development obligations—collateral warranties and third party rights

An inherent defect may become apparent several years after the tenant has taken over the property. This may be long after:•the building contractor’s...

15th Jan

Practice notes