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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
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
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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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
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
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
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
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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9th Nov
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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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 an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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9th Nov
Practice notes
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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9th Nov
Practice notes
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Property development content

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
Practice notes
UtilitiesThe water, gas, electricity, communications and energy industries enjoy statutory rights of access onto private land to lay pipes, wires,...
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8th Apr
Practice notes
Registration of land as a town or village green (TVG) can prevent its development and greatly restrict its use. Applications, even if ultimately...
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Produced in partnership with Stephen Morgan of Landmark Chambers 8th Apr
Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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8th Apr
Practice notes
Option agreements are strictly construed and the option may be lost if the option holder does not exercise it correctly.An option agreement is a...
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8th Apr
Practice notes
The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country...
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8th Apr
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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8th Apr
Practice notes
Collateral warrantiesThe typical terms of a warranty'>collateral warranty provided to a tenant by a consultant, contractor or sub-contractor deal...
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8th Apr
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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8th Apr
Practice notes
An unpaid vendor’s lien operates as a type of equitable charge giving the vendor full security in equity for payment of the agreed purchase price. It...
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8th Apr
Practice notes
Participating and convertible mortgages are examples of so-called ‘hybrid debt’ investments, which have both equity and debt features. They are joint...
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8th Apr
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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8th Apr
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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8th Apr
Practice notes
When a solicitor is instructed to draft and negotiate an agreement that includes receipt of overage payments, those instructions include an obligation...
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8th Apr
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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8th Apr
Practice notes
Time limits and delaysThe time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the...
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8th Apr
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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8th Apr
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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8th Apr
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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8th Apr

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