Site acquisition and vacant possession

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The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Featured Property content

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...

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...

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...

Enquiries before contract

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

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

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

Practice notes

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....

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

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

9th Nov

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?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

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

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

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...

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

Practice notes

Insurance—non-vitiation (non-invalidation) clauses

Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...

9th Nov

In-house

Practice notes

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...

Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan

Scottish Law

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...

9th Nov

Practice notes

Standard Commercial Property Conditions (Third Edition—2018 Revision)

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

9th Nov

Practice notes

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...

9th Nov

Practice notes

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...

9th Nov

Most recent Site acquisition and vacant possession content

Practice notes

New Electronic Communications Code—terminating and modifying Code rights

New Electronic Communications Code—terminating and modifying Code rightsFORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property)...

15th May

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)...

15th May

Practice notes

Rights of light claims

Rights of light claimsIs there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing...

15th May

Practice notes

Biodiversity net gain in England

Biodiversity net gain in EnglandWhat is biodiversity net gain?Biodiversity net gain is a principle which aims to leave the natural environment in a...

15th May

Brexit

In-house

Practice notes

Powers to stop up and divert highways and footpaths

Powers to stop up and divert highways and footpathsPurposeHighways can be stopped up if the area of highway is no longer needed, or when the land is...

15th May

Practice notes

Environmental impact assessments—key points

Environmental impact assessments—key pointsCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the...

15th May

Practice notes

Conservation covenants in England

Conservation covenants in EnglandWhat are conservation covenants?As a concept, conservation covenants are private, voluntary agreements between a...

15th May

Brexit

Practice notes

Planning judicial review

Planning judicial reviewCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to...

15th May

Practice notes

Habitats and wildlife issues for developers

Habitats and wildlife issues for developersBrexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

15th May

Practice notes

Reasonable and best endeavours

Reasonable and best endeavoursThis Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that...

15th May

In-house

Q&As

Can you grant a lease of a highway which has rights of vehicle access?

Can you grant a lease of a highway which has rights of vehicle access?A highway at common law is a way over which there exists a public right of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th May

Practice notes

Substation leases—key issues for landowners and utility companies

Substation leases—key issues for landowners and utility companiesIntroduction and backgroundThis Practice Note highlights key considerations when...

13th May

Practice notes

Modification and discharge of restrictive covenants—the statutory route

See Practice Note: Modification and release of restrictive covenants—the non-statutory route in relation to the non-statutory route.Application to the...

11th May

Precedents

Put and call option—fixed price or market value incorporating the Standard Commercial Property Conditions (Third Edition—2018 Revision)

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

27th Apr

Q&As

What is the normal procedure for removing a substation? What if the substation (located in the basement of privately-owned office blocks) has no lease or wayleave or documentation permitting it to be there?

The first step to decide how to remove a substation is to ascertain the terms on which the occupier is in possession. Even if there is no formal...

27th Apr

Precedents

Plot sale agreement—freehold/leasehold

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

22nd Apr

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?

Does Landowner B have to serve a paragraph 20 notice?In the event that Landowner B needs the operator’s equipment to be physically moved from its...

20th Apr

Precedents

Exclusivity agreement—property

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

20th Apr

Precedents

Put option—fixed price or market value 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]...

20th Apr

Practice notes