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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
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
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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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
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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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
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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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
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
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
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
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
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
What options exist for development sites?On acquiring land for development, a developer must consider what electricity lines and cables exist under or...
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8th Apr
Practice notes
Starter homes policy2014 starter homes consultationIn December 2014 the government first announced its intention to launch a new starter homes scheme,...
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8th Apr
Practice notes
Overage (sometimes known as clawback or deferred consideration) enables a seller to benefit from an uplift in the value of land (eg where planning...
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8th Apr
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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8th Apr
Practice notes
Delay in completion of the developer’s works can be of far greater concern to a tenant than, eg whether the works are in accordance with the...
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8th Apr
Practice notes
In some cases, a developer and a tenant agree that the rent under the occupational lease will be a specified figure. However, in many other cases, the...
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8th Apr
Practice notes
Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance...
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8th Apr
Practice notes
Certification of practical completion under the agreement for lease (usually prompted by certification of practical completion under the building...
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8th Apr
Practice notes
This Practice Note:•discusses the development of the large scale private rented sector (PRS)•considers the Government’s incentive package for Build to...
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8th Apr
Practice notes
Plans, specifications, etcIn most cases, the tenant will apply its own bespoke fit-out to the developer’s finish condition in which the premises is...
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8th Apr
Practice notes
The use and occupation of land often depends on the land in question having the benefit of easements — for example, a right of way or a right of...
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8th Apr
Practice notes
Assignment by the tenantThe more important a particular tenant is to the viability of a particular development, the more likely that the landlord will...
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8th Apr
Practice notes
Practical applicationPositive covenantsEnlargement of a long lease into a freehold can be used to preserve positive covenants as, following...
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8th Apr
Practice notes
Developer defaultGranting a tenant the right to terminate the agreement for lease in the event of default by the developer has potentially disastrous...
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8th Apr
Practice notes
Unless the option agreement or contract specifically allows for extensions of time, the time limit must be strictly adhered to. It cannot be extended...
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8th Apr
Practice notes
This Practice Note sets out the issues that a developer should consider in respect of rights of light (ROL) insurance and the common requirements,...
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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 who...
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8th Apr
Practice notes
An agreement for lease with development obligations can give rise to a variety of issues, eg the right to claim an extension of time, measurement,...
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8th Apr
Practice notes
Whether a tenant has yielded up, with or without vacant possession, is a question of fact and degree. Most modern leases contain an express covenant...
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8th Apr
Practice notes
Overage is a covenant or contractual obligation by the buyer to make an additional payment to the seller in the event that specified events occur. It...
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8th Apr

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