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Site acquisition and vacant possession

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Latest Property News

Property weekly highlights—16 September 2021

Property weekly highlights—16 September 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—16 September 2021

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

UK parking nightmare—what is happening with NCP’s restructuring plan?

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property content

Resulting trusts

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...

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...

Title guarantee and covenants for title

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...

Practice notes

A review of Standard Commercial Property Conditions (Third Edition) and practical tips

A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes

Occupiers and overriding interests

Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
Practice notes

Headline rents

What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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19th May
Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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19th May
Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes

Starter tenancies

A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes

Dealing with rights of access in property transactions—Scotland

Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
tag iconScottish Law
Practice notes

Rent suspension or cesser

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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19th May
Precedents

Contract for sale—agricultural land—freehold, vacant possession

Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Q&As

What happens to an under lease/sub-lease when the landlord of the under lease lawfully assigns the head lease to the tenant of the under lease so that the tenant of the under lease in effect becomes the tenant of the superior landlord as he has been assigned the head lease? Is the under lease automatically extinguished or does it merge with the head lease?

What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...
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19th May
Practice notes

Tenant’s insurance issues—rent suspension

No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes

Is the agreement a grazing licence or farm business tenancy?

Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes

Who is liable for inherent defects?

Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents

Simple declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)

EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?

The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Site acquisition and vacant possession content

Practice notes

Reasonable and best endeavours

Reasonable and best endeavoursThis Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that...
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17th Sep
tag iconIn-house
Practice notes

Habitats and wildlife issues for developers

Habitats and wildlife issues for developersBrexit impact11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period...
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15th Sep
Q&As

If a client purchases land which is fronted by third party land, and that third party land fronts the adopted highway, but there is no right to passage of services through that third party land (under which there is a water, drainage and electricity connection), then is there a risk that the purchaser’s land could become land locked for the purpose of passage of service media in future or do the statutory undertakers’ rights to make connections and enter override the absence of these rights in the title to the purchaser’s land?

If a client purchases land which is fronted by third party land, and that third party land fronts the adopted highway, but there is no right to...
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27th Aug
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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20th Aug
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
Q&As

What are wayleave compensation payments for electricity wayleaves and what happens if they can’t be agreed?

What are wayleave compensation payments for electricity wayleaves and what happens if they can’t be agreed?Any holder of a licence under the...
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15th Aug
Precedents

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

Put and call option—fixed price or market value incorporating the Standard Commercial Property Conditions (Third Edition—2018 Revision)date...
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10th Aug
Precedents

Plot sale agreement—freehold/leasehold

Plot sale agreement—freehold/leaseholdDate [date]Parties1[name of Seller] incorporated in England and Wales with company registration number [number]...
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10th Aug
Precedents

Deed of surrender

Deed of surrenderDateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose...
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10th Aug
Precedents

Call option—market value incorporating the Standard Commercial Property Conditions (Third Edition—2018 Revision)

Call option—market value incorporating the Standard Commercial Property Conditions (Third Edition—2018 Revision)date [date]Parties1[name of Seller]...
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10th Aug
Precedents

Exclusivity agreement—property

Exclusivity agreement—propertyDate [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company registration number [number]...
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10th Aug
Precedents

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

Put option—fixed price or market value incorporating the Standard Commercial Property Conditions (Third Edition)date [date]Parties1[name of Seller]...
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10th Aug
Precedents

Call option—fixed price plus indexation incorporating the Standard Commercial Property Conditions (Third Edition—2018 Edition)

Call option—fixed price plus indexation incorporating the Standard Commercial Property Conditions (Third Edition—2018 Edition)date [date]Parties1[name...
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10th Aug
Precedents

Simple declaration (agreement to surrender a business tenancy)

Simple declaration (agreement to surrender a business tenancy)I [name of declarant] of [address] declare that—1[I have OR [name of tenant] has] a...
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10th Aug
Precedents

Agreement for surrender

Agreement for surrenderDate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose...
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10th Aug
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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10th Aug
Precedents

Plot sales transfer

Plot sales transfer1Panel 4—PropertyPlot number [insert number] [and garage plot number [insert number]] on the approved estate layout plan lodged at...
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10th Aug
Q&As

What issues need to be considered when purchasing a land for development where mines and minerals are excepted and any right of support from any minerals? In this instance, I know who has the right to the mines and minerals.

What issues need to be considered when purchasing a land for development where mines and minerals are excepted and any right of support from any...
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10th Aug
Q&As

Can an easement be granted for the benefit of the dominant land where the grantee is not named—or is only identified as 'the owner of the freehold estate comprising the dominant land' (such freehold estate being identified in the deed of grant)?

Can an easement be granted for the benefit of the dominant land where the grantee is not named—or is only identified as 'the owner of the freehold...
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Produced in partnership with Brie Stevens-Hoare 10th Aug
Q&As

If there is a planning condition which requires 'no development unless...', eg a works programme or details of materials to be used etc, and these are not provided or met, but the permission is implemented and the development occupied, would this invalidate the original permission?

If there is a planning condition which requires 'no development unless...', eg a works programme or details of materials to be used etc, and these are...
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Produced in partnership with David Brammer 10th Aug

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

Directors’ remuneration

Directors’ remuneration

Directors’ remunerationCompany directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international

False imprisonment

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary