Mortgages

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Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
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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9th Nov
Practice notes
Effect of appointmentA fixed charge receiver is appointed under a legal charge or mortgage and only has power to deal with and dispose of the charged...
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9th Nov
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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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
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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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
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...
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9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
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
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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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

Most recent Mortgages content

Practice notes
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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10th Mar
Practice notes
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature....
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10th Mar
Practice notes
Introduction to flood searchesFlooding has become an increasing environmental risk in the UK, with significant impacts for homeowners and businesses....
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Produced in partnership with Argyll Environmental and Burges Salmon 9th Mar
Practice notes
On 13 April 2016, the Law Society issued an updated practice note on contaminated land. Prior to this, the practice note dated 18 December 2014,...
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9th Mar
Practice notes
The Law Society first issued its practice note on flood risk on 23 May 2013 due to the increasing risk properties face from flooding and the knock on...
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9th Mar
Practice notes
Lenders' risk exposureLenders are increasingly concerned with environmental risk in their day to day secured lending businesses. All major UK banks...
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Produced in partnership with Groundsure 9th Mar
Practice notes
Land contamination liabilitiesThe main types of liabilities associated with land contamination and water pollution are summarised in Table A.Table...
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Produced in partnership with ELM Law 9th Mar
Practice notes
Background to the regulation of home finance transactionsThe regulation of home finance transactions came about at different points in time. HM...
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1st Mar
Practice notes
There are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note explains:•the nature of a...
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28th Feb
Practice notes
So long as the equity of redemption remains vested in the mortgagor, the mortgagee may not sell the property except under an express or implied power...
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25th Feb
Q&As
Registering a security at Companies HouseThe period allowed for delivery of a registrable charge, together with the statement of particulars is 21...
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24th Feb
Q&As
In so far as the husband has missed paying spousal maintenance to the wife, she should take enforcement action pursuant to Part 33 of the Family...
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Produced in partnership with Matthew Haynes of St Ives Chambers 12th Feb
Precedents
TO BE PRINTED ON THE HEADED PAPER OF THE SELLER’S LENDER’S SOLICITORSTo:[insert details of the buyer’s solicitors](the Buyer’s Solicitors)[insert...
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12th Feb
Q&As
The case of Eagle Star Insurance Company Limited v Green illustrates that a legal mortgage of land...
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5th Feb
Q&As
It is possible to refer to two properties on one legal charge. By way of example, see Precedent: Real property mortgage: single company...
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5th Feb
Q&As
Huge numbers of legal disputes could be avoided by the parties to loan agreements committing these to writing and providing for security. A charge on...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Feb
Q&As
In Santley v Wilde, Lindley M.R. stated:‘…a mortgage is a conveyance of land…as a security for the payment of a debt or the discharge of some other...
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Produced in partnership with Desmond Kilcoyne 5th Feb

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