Mortgages

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Precedents
Date [insert date of deed]Parties1[Insert name] of [insert address] (Landlord)2[Insert name] of [insert address] (Tenant)3[Insert name] of [insert...
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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
Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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19th May
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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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
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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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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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
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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19th May
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Whenever a property is sold,...
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19th May
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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19th May
Q&As
The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Most recent Mortgages content

Practice notes
Third party securityIn many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in...
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2nd Aug
Q&As
Is a private mortgage registered as a first legal charge with the contemporaneous purchase of a right to buy property caught by the exceptions under...
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1st Aug
Q&As
Can obligations be protected with a legal charge if there is no monetary value in the obligation being secured?In Santley v Wilde, Lindley M.R....
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Produced in partnership with Desmond Kilcoyne 1st Aug
Q&As
If a lease, which is subject to a registered charge, is varied by way of Deed of Variation without the consent of the lender, will the lender be bound...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
Will a chargee benefit from rights reserved to land over which they hold a charge, if those rights are created after the grant of the charge?An...
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1st Aug
Q&As
What is the difference between a Bullock and Sanderson order? Would either of the orders allow a leaseholder to recover costs incurred by a mortgage...
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Produced in partnership with Jon Lord of Civil & Commercial 1st Aug
Q&As
Does a mortgagee exercising its power of sale under section 101 of the LPA 1925 need to produce the original executed mortgage deed?Mortgagee's power...
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1st Aug
Q&As
Is a loan between two private individuals secured on the debtor's property by way of a legal charge enforceable?The simple fact that a loan is between...
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Produced in partnership with Brie Stevens-Hoare 1st Aug
Q&As
My client’s mortgage prohibits letting without the mortgagee’s consent. Must the mortgagee act reasonably?Residential owner-occupierIf the mortgage...
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1st Aug
Q&As
On the acquisition of an interest in a 125-year lease out of a freehold title, is consent needed from the registered proprietor of the mortagor of the...
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1st Aug
Q&As
When will a tenant have an interest that overrides a registered legal charge?Overriding interests are interests which are binding on an estate in land...
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1st Aug
Q&As
Is it possible to create a charge over property without it securing money or any financial obligations? If so, could this charge be a first ranking...
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1st Aug
Q&As
Is it possible to refer to two properties on one legal charge?It is possible to refer to two properties on one legal charge. By way of example, see...
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1st Aug

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