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Latest Property News

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Court of Appeal guidance on service charge consultation dispensation (Aster Communities v Chapman and others)

The following Local Government news provides comprehensive and up to date legal information on Court of Appeal guidance on service charge consultation dispensation (Aster Communities v Chapman and others)

SDLT—annuity did not prevent market value rule applying (M&M Builders v HMRC)

The following Private Client news provides comprehensive and up to date legal information on SDLT—annuity did not prevent market value rule applying (M&M Builders v HMRC)

Property weekly highlights—6 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—6 May 2021

Featured Property content

Disclosable overriding interests questionnaire

You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...

Completion monies—the SCPCs

How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...

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...

Precedents

Transfer of part

Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...

9th Nov

Practice notes

Concurrent and reversionary leases

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...

9th Nov

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

9th Nov

Practice notes

Applying the proceeds of sale

Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...

9th Nov

Precedents

Deed of grant of easements

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...

9th Nov

Practice notes

Implied easements—common law

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...

9th Nov

Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...

9th Nov

Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...

9th Nov

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...

9th Nov

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...

9th Nov

Practice notes

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...

9th Nov

Practice notes

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

9th Nov

Practice notes

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

9th Nov

Practice notes

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

9th Nov

Practice notes

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

9th Nov

Practice notes

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...

9th Nov

Most recent Property development content

Practice notes

Property Joint Ventures—choosing the right structure

Property joint ventures are typically structured in one of three ways:•contractual agreement•partnership•limited liability companyContractual...

8th Apr

Practice notes

Agreements for lease with development obligations—practical completion

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...

8th Apr

Practice notes

Agreements for lease with development obligations—conditions other than planning

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...

8th Apr

Practice notes

Drafting a contract conditional on planning

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...

8th Apr

Practice notes

Previous Electronic Communications Code—differences between the ‘general’ and ‘special’ regimes [Archived]

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and covers the...

8th Apr

Practice notes

Environmental impact assessments—key points

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

8th Apr

Practice notes

The ‘ad medium filum’ rule

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...

8th Apr

Practice notes

Previous Electronic Communications Code [Archived]

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (providing...

8th Apr

Practice notes

Modification and release—interaction with planning

No presumption of success if planning permission obtained The fact that planning permission has been granted for a development which would breach a...

8th Apr

Practice notes

Agreements for lease with development obligations—defects and snagging

DefectsDefective workmanship is a feature of virtually every construction project. Very minor defects will be dealt with by a snagging list (see:...

8th Apr

Practice notes

Operation of the Use Classes Order in England

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...

8th Apr

Practice notes

Call options—calculating the price

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...

8th Apr

Practice notes

Implied easements—common law

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...

8th Apr

Practice notes

Stopping up and diverting footpaths under sections 118 and 119 Highways Act 1980

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...

8th Apr

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

8th Apr

Practice notes

Agreements for lease with development obligations—product liability insurance

Even if a specialist subcontractor is not providing any significant degree of design input in relation to its particular element of the developer’s...

8th Apr

Practice notes

Agreements for lease with development obligations—information, site visits and inspection

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...

8th Apr

Practice notes

Call options—protection against third parties

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....

8th Apr

Practice notes

Drafting section 106 agreements—practical advice for developers

Agreements made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (formerly section 52 agreements), also known as 'planning...

8th Apr

Practice notes

Consumer Code for Home Builders

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...

8th Apr