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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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19th May
Precedents
Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of...
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19th May
Practice notes
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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19th May
Practice notes
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...
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19th May
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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19th May
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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19th May
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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19th May
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...
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19th May
Practice notes
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...
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19th May
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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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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19th May
Practice notes
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...
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19th May
Practice notes
This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...
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19th May
Practice notes
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...
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19th May
Practice notes
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...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Most recent Q&As content

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...
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28th 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...
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27th Jul
Q&As
In practice, how are court documents filed and court fees paid in insolvency proceedings during the coronavirus (COVID-19) outbreak?The first thing to...
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Produced in partnership with Chris Adams of Gosschalks 27th 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...
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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,...
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23rd 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...
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21st 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...
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20th Jul
Q&As
Would a restrictive covenant requiring property to be used for 'private residential purposes' restrict it being used as an HMO?It is fairly common...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th 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...
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15th Jul

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