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Latest Property News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

The following Private Client news provides comprehensive and up to date legal information on SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Featured Property content

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...

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...

What is a certificate of title?

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...

Reversionary lease by reference

LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this Lease is granted. Leave blank if not...

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...

19th May

Precedents

Report on title—long form

Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of...

19th May

Practice notes

Overreaching—sales by trustees of land

Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...

19th May

Practice notes

Profits à prendre

What is a profit à prendre?A profit à prendre is the right to take the products of natural growth from the land of another. Examples of profits...

19th May

Practice notes

Positive covenants—binding successors in title

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...

19th May

In-house

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...

19th May

Practice notes

Contract races

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

19th May

In-house

Q&As

Should an indemnity covenant in a transfer deed (TR1) require the transferee to indemnify 'the transferor's estate and effects' as well as the transferor, for non-performance etc?

Should an indemnity covenant in a transfer deed (TR1) require the transferee to indemnify 'the transferor's estate and effects' as well as the...

19th May

Practice notes

Manorial rights

Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...

19th May

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...

19th May

Practice notes

Starter tenancies

A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...

19th May

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...

19th May

Practice notes

Service occupancy or tenancy?

An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...

19th May

Practice notes

Pre-completion searches

This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...

19th May

Practice notes

Collateral security—general

The advantages of taking collateral security from a third party to secure the principal debt are that:•the mortgagee may not need to have recourse to...

19th May

Practice notes

Dealing with rights of pre-emption on transfer of property in Scotland

What is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form...

Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Scottish Law

Most recent Q&As content

Q&As

Under section 8A(2) of the Landlord and Tenant Act 1987, the landlord is required to send the draft contract to the 'nominated person' within one month of the date of service of the notice of nomination. The landlord fails to issue the draft contract within that period but does send it later on. Is the time period within which the nominated person must pay the deposit calculated from the date the contract was actually sent or from when it should have been sent?

Under section 8A(2) of the Landlord and Tenant Act 1987, the landlord is required to send the draft contract to the 'nominated person' within one...

28th Jul

Q&As

Would a caravan be considered a vehicle to the extent that it could be included in a right of way that grants access to ‘pass and repass with motor cars and vehicles’?

Would a caravan be considered a vehicle to the extent that it could be included in a right of way that grants access to ‘pass and repass with motor...

28th Jul

Q&As

Where a trustee in bankruptcy obtains a possession and sale order in respect of a jointly-owned property, and the order appoints the trustee in the non-bankrupt co-owner’s place under section 41 of the Trustee Act 1925 to execute all necessary deeds, documents and instruments relating to a sale of that property, do the bankrupt and the co-owner need to be parties to the sale contract and can the trustee execute the transfer deed on their behalf?

Where a trustee in bankruptcy obtains a possession and sale order in respect of a jointly-owned property, and the order appoints the trustee in the...

Produced in partnership with XXIV Old Buildings 27th Jul

Q&As

A seller is in voluntary liquidation. The draft transfer of part to the buyer grants new easements. Can the liquidators validly grant the easements?

A seller is in voluntary liquidation. The draft transfer of part to the buyer grants new easements. Can the liquidators validly grant the...

27th Jul

Q&As

In practice, how are court documents filed and court fees paid in insolvency proceedings during the coronavirus (COVID-19) outbreak?

In practice, how are court documents filed and court fees paid in insolvency proceedings during the coronavirus (COVID-19) outbreak?The first thing to...

Produced in partnership with Chris Adams of Gosschalks 27th Jul

COVID-19

Q&As

The Housing Grants, Construction and Regeneration 1996 does not apply to agreements which fall within the ‘development agreement’ exception in the Construction Contracts (England and Wales) Exclusion Order, SI 1998/648. SI 1998/648 provides that a contract is a development agreement if it provides for the grant or disposal of a relevant interest in the land on which the construction operations take place (SI 1998/648, reg 6). Would a forward funding agreement (where there is a separate sale and purchase contract with the fund) fall within the development agreement exception, even if it contains no obligations on the developer as to letting of units?

The Housing Grants, Construction and Regeneration 1996 does not apply to agreements which fall within the ‘development agreement’ exception in the...

26th Jul

Q&As

Which pre-action protocol applies to a claim where an individual (not acting as a business) is seeking monies from another individual (not acting as a business)?

Which pre-action protocol applies to a claim where an individual (not acting as a business) is seeking monies from another individual (not acting as a...

23rd Jul

Q&As

Where a commercial lease allows a landlord to recover all reasonable costs and expenses connected with recovery/attempted recovery of rent arrears, how do you seek to recover such costs if the tenant then pays the arrears?

Where a commercial lease allows a landlord to recover all reasonable costs and expenses connected with recovery/attempted recovery of rent arrears,...

23rd Jul

Q&As

Would a 20-year lease of the rooftop constitute a disposal requiring service of section 5 notices on the residential tenants of the flats within the building considering that the rooftop does not constitute a common part and there are no rights granted in the lease for the tenants to use the roof space?

Would a 20-year lease of the rooftop constitute a disposal requiring service of section 5 notices on the residential tenants of the flats within the...

22nd Jul

Q&As

A Will left a right to reside in a share of the deceased's property to their partner for life. The partner now wishes to purchase the deceased's share of the property. How can the right to reside be formally brought to an end? What are the tax implications of doing so?

A Will left a right to reside in a share of the deceased's property to their partner for life. The partner now wishes to purchase the deceased's share...

21st Jul

Q&As

Does the right of first refusal under the Landlord and Tenant Act 1987 apply if the freehold is transferred for nil value or does there have to be a premium payable?

Does the right of first refusal under the Landlord and Tenant Act 1987 apply if the freehold is transferred for nil value or does there have to be a...

21st Jul

Q&As

Where a tenant company has filed a company voluntary arrangement (CVA) and wishes to assign the lease, should the landlord deal with the tenant or its insolvency practitioners in that regard? And, in the context of a CVA, can the landlord request an authorised guarantee agreement from the original guarantor?

Where a tenant company has filed a company voluntary arrangement (CVA) and wishes to assign the lease, should the landlord deal with the tenant or its...

Produced in partnership with Helen Galley of XXIV Old Buildings 20th Jul

Q&As

In a residential property transaction, what is the liability of the buyer if the seller fails to provide an EPC and no EPC is available through the EPC register?

In a residential property transaction, what is the liability of the buyer if the seller fails to provide an EPC and no EPC is available through the...

20th Jul

Q&As

Can a right of way by prescription be claimed by more than one owner of adjoining land, ie a lane is being used to access a number of properties, therefore can every individual owner of each property claim a right of way by prescription?

Can a right of way by prescription be claimed by more than one owner of adjoining land, ie a lane is being used to access a number of properties,...

19th Jul

Q&As

Where unregistered land is being sold and the legal and beneficial title is separated between two legal owners and four beneficial owners (the four beneficial owners include the two legal owners), and the two other beneficial owners take their shares by way of separate deeds of assignment of gift equity, do the deeds of assignment form part of the documentary title? Should the two beneficial owners, not being the legal owners, be named in the contract and TR1?

Where unregistered land is being sold and the legal and beneficial title is separated between two legal owners and four beneficial owners (the four...

19th Jul

Q&As

Would a restrictive covenant requiring property to be used for 'private residential purposes' restrict it being used as an HMO?

Would a restrictive covenant requiring property to be used for 'private residential purposes' restrict it being used as an HMO?It is fairly common...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th Jul

Q&As

What are the advantages and disadvantages to a landowner of a planning application being made in the joint names of the land owner and developer? Should a landowner resist a clause that allows the developer to apply for planning permission in its sole name only?

What are the advantages and disadvantages to a landowner of a planning application being made in the joint names of the land owner and developer?...

15th Jul

Q&As

Can an application for adverse possession be made for a rentcharge where the possession will have occurred prior to 6 April 2014 and the rentcharge is not registered nor the owner of the rentcharge known?

Can an application for adverse possession be made for a rentcharge where the possession will have occurred prior to 6 April 2014 and the rentcharge is...

15th Jul

Q&As

A discretionary trust made a loan to one of the beneficiaries that is secured by way of legal charge over a property in favour of the trustees. The legal charge is registered at the Land Registry and the trustees at the time of the legal charge are registered as the proprietors of the charge. A deed of retirement and appointment has been executed to change the trustees. Can the registered proprietors of the charge at the Land Registry be changed, and if so how? Can the charge be varied so that it is in favour of ‘the trustees of the trust for the time being’ rather than the named trustees?

A discretionary trust made a loan to one of the beneficiaries that is secured by way of legal charge over a property in favour of the trustees. The...

15th Jul

Q&As

Three parties hold a freehold property on trust for a partnership. Two are continuing partners of the partnership and the other individual has retired and is no longer involved in the partnership. Is there a mechanism for applying to court to transfer the freehold title into the names of the two continuing partners?

Three parties hold a freehold property on trust for a partnership. Two are continuing partners of the partnership and the other individual has retired...

15th Jul

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Q&As

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Latest Property News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Featured Property content

Easements and perpetuities

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

What is a certificate of title?

Reversionary lease by reference

Most recent Q&As content

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Medco

Enquiries before contract

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Tort—the different types of tort

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