Mortgages

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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
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
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
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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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
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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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
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
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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9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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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
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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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
Practice notes
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...
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9th Nov

Most recent Mortgages content

Q&As
A legal charge that has been registered against a title at HM Land Registry must be discharged by the use of form DS1 (Land Registration Rules 2003...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
What are Bullock and Sanderson orders?When the English Court decides to make a costs order, it will start with the general rule that costs 'follow the...
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Produced in partnership with Jon Lord of Civil & Commercial 8th Jan
Q&As
We are not told what the mortgaged property is but it is assumed that it is real property, ie land.There is no implied power of sale in favour of a...
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Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan
Q&As
The response to this Q&A assumes that it relates to the purchase of the interest in a pre-existing lease.Before any leasehold land is charged, the...
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22nd Dec
Q&As
An equitable charge should be registered as a land charge under class c (iii). Notice and priority depend on the order of registration. The creation...
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29th Nov
Q&As
Under section 39(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) the ‘tenant of a flat’ has a right to acquire a new...
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29th Nov
Q&As
Residential owner-occupierIf the mortgage contains a term that the mortgagor cannot let the property without the mortgagee’s consent, in the context...
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29th Nov
Precedents
TO BE PRINTED ON THE HEADED PAPER OF THE BORROWER’S SOLICITORSTo:[insert details of the lender](the Bank)Dear [insert organisation name]This...
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29th Nov
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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29th Nov
Precedents
Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and...
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26th Sep

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