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Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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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
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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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
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
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
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
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
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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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
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov

Most recent Property development content

Practice notes
Property joint ventures are typically structured in one of three ways:•contractual agreement•partnership•limited liability companyContractual...
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8th Apr
Practice notes
Under an agreement for lease, the tenant’s obligation to take the occupational lease only arises once the developer’s works have been completed and...
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8th Apr
Practice notes
A developer has a far greater prospect of securing both:•development finance from a funder to fund the costs of development works, and•a commitment...
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8th Apr
Practice notes
Nature of the conditionIt is common for contracts for the sale of commercial property to be drafted on the basis that completion of the transaction is...
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8th Apr
Practice notes
ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and covers the...
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8th 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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8th Apr
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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8th Apr
Practice notes
ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (providing...
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8th Apr
Practice notes
No presumption of success if planning permission obtained The fact that planning permission has been granted for a development which would breach a...
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8th Apr
Practice notes
DefectsDefective workmanship is a feature of virtually every construction project. Very minor defects will be dealt with by a snagging list (see:...
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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
In all but the simplest cases and particularly with development land, a fixed price may not be sufficient and the price will be based on the market...
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8th Apr
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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8th Apr
Practice notes
This Practice Note covers the powers and procedures for stopping up and diverting footpaths under sections 118 and 119 of the Highways Act 1980 (HiA...
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8th Apr
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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8th Apr
Practice notes
Even if a specialist subcontractor is not providing any significant degree of design input in relation to its particular element of the developer’s...
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8th Apr
Practice notes
The tenant will appoint its own surveyor and other consultants to monitor the construction works and to represent the tenant’s interest in relation to...
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8th Apr
Practice notes
A call option is (generally) an equitable interest in land and must be protected by registration in order to bind the grantor’s successors in title....
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8th Apr
Practice notes
Agreements made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (formerly section 52 agreements), also known as 'planning...
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8th Apr
Practice notes
What is the Code?The Consumer Code for Homebuilders (the Code) came into effect in April 2010. It is an industry-led code of conduct for home builders...
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8th Apr

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