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Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Precedents
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...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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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
Practice notes
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...
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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
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
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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9th Nov
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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9th Nov
Precedents
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...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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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
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Property development content

Practice notes
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...
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15th Jan
Practice notes
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
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15th Jan
Precedents
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...
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Produced in partnership with Browne Jacobson LLP 15th Jan
Precedents
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...
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Produced in partnership with Browne Jacobson LLP 15th Jan
Practice notes
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...
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15th Jan
Practice notes
An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...
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15th Jan
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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15th Jan
Practice notes
IntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining...
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15th Jan
Practice notes
Choosing a structureUnless promoted by a single entity (whether or not with mortgage funding) many developments take place through collaboration. This...
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15th Jan
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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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 coronavirus outbreak...
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15th Jan
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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15th Jan
Practice notes
Assignment by the tenantThe more important a particular tenant is to the viability of a particular development, the more likely that the landlord will...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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15th Jan
Practice notes
In order to protect their respective interests, parties to a joint venture frequently arrange their voting rights or construct other control...
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15th Jan
Practice notes
Rent commencement dateAgreements for lease generally specify that the tenant is obliged to take the lease on, or within a short period after,...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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15th Jan
Practice notes
ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (providing...
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15th Jan

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