Site acquisition and vacant possession

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Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
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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9th Nov
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
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
Practice notes
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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9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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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
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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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
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
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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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

Most recent Site acquisition and vacant possession content

Q&As
As is the case with all property acquisitions it is prudent to undertake all relevant searches and raise all relevant enquires.You may find it useful...
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22nd Jan
Q&As
No easement can exist without both an identifiable servient and dominant tenement and those two estates being in separate ownership. See Practice...
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Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 22nd Jan
Q&As
If a sub-tenancy is protected under Part II of the Landlord and Tenant Act 1954 (LTA 1954), the 'competent landlord' will need to serve a section 25...
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22nd Jan
Q&As
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...
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22nd Jan
Q&As
In answering this Q&A, we have assumed this scenario does not relate to the Electronic Communications Code, which is a separate regime for certain...
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22nd Jan
Q&As
The section 10 of the Electricity Act 1989 (EA 1989) provides two methods for an electricity supply undertaking to obtain rights enabling it to...
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22nd Jan

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