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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
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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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
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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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
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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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
Practice notes
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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9th Nov
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
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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9th Nov

Most recent Property development content

Practice notes
What are conservation covenants?As a concept, conservation covenants are private, voluntary agreements between a landowner and responsible body, such...
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9th Apr
Practice notes
ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and highlights...
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9th Apr
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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9th Apr
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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9th Apr
Practice notes
This Practice Note is about the VAT implications of overage payments.Why does this matter?Very broadly, VAT will be due on overage if the original...
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Produced in partnership with Martin Scammell 9th Apr
Practice notes
The Digital Economy Act 2017 (DEA 2017)Section 4 and Schedule 1 to the Digital Economy Act 2017 (DEA 2017) implemented into the Communications Act...
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Produced in partnership with Purvi Parekh of Anakiya Consulting 9th Apr
Practice notes
When providing finance for any development or construction project, the lender (or funder) and its advisers will use various methods to protect the...
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8th Apr
Practice notes
On every construction project which requires external funding, the lender will appoint its own team of lawyers to draft and/or negotiate the various...
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8th Apr
Practice notes
Coronavirus (COVID-19): For information on the implications of the coronavirus outbreak on real estate finance, see Practice Note: Coronavirus...
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8th Apr
Practice notes
Many of the usual representations and warranties for a typical syndicated loan facility will also be applicable to a real estate development finance...
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8th Apr
Practice notes
Many of the usual conditions precedent (CPs) for a typical syndicated loan facility will also be applicable to a real estate finance transaction. For...
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8th Apr
Practice notes
Many of the usual covenants for a typical syndicated loan facility will also apply (in some form) to a real estate development finance transaction....
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8th Apr
Practice notes
What are the key features of real estate finance?This Practice Note focuses on what is thought of as traditional real estate finance ie lending...
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8th Apr
Practice notes
Call options are frequently used by developers to secure a right to buy land if planning permission is obtained. Taking an option provides the...
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8th Apr
Practice notes
Does a right to light exist?An owner of land has no natural right to light at common law. Accordingly, it must be established that the right has been...
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8th Apr
Practice notes
Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...
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8th Apr
Practice notes
A property joint venture is an arrangement between two or more parties under which they combine disparate contributions in order to derive value from...
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8th Apr
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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8th Apr
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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8th Apr

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