menu-search
LEXISNEXIS_ICON4_SIGNINSign-in LEXISNEXIS_ICONS_SUPPORTHelp

Residential searches and enquiries

View Property by content type:

News
Practice notes
Precedents
Q&As

Latest Property News

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

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

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)

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)

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

Easements and perpetuities

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

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee of the chargee witness the signature of the chargor?

There does not appear to be any evidence that an employee of the chargee cannot witness the chargor’s signature.Practice Note: Property deeds—use and...

Report on title—long form

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...

Does the principle held in Wheeldon v Burrows apply retrospectively?

Does the principle held in Wheeldon v Burrows apply retrospectively?

The rule in Wheeldon v Burrows concerns the creation of easements. The rule lays down the principle that:'…on the grant by the owner of a tenement of...

Practice notes

A review of Standard Commercial Property Conditions (Second Edition) and practical tips

Agreements for sale of commercial propertyThe Standard Commercial Property Conditions (First Edition) were published in May 1999. At that stage it had...
Read More >
19th May
tag iconIn-house
Precedents

Epitome of title

Relating to [freehold OR leasehold] pro...
Read More >
19th May
Precedents

Deed of grant of easements

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...
Read More >
19th May
Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
Read More >
19th May
Practice notes

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
Read More >
Produced in partnership with Kenneth S Gerber of Mitchells Roberton 19th May
tag iconScottish Law
Practice notes

Guide to reviewing certificate of title

Guide to reviewing certificate of titleCoronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to...
Read More >
19th May
Practice notes

Occupiers and overriding interests

Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
Read More >
19th May
Practice notes

Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership

Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...
Read More >
19th May
Practice notes

Lease surrenders

What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
Read More >
19th May
Practice notes

Long leases—mortgage cure rights

A ‘mortgage cure’ clause (or ‘mortgagee protection’ clause) provides some protection to lenders in relation to the landlord’s rights to forfeit a...
Read More >
19th May
Q&As

A property has a Form K restriction registered against the proprietorship register in relation to a third party charging order. Notice of the proposed sale has been given to that third party. On sale of the property, is the seller under any obligation to pay the amount secured by the charging order to the third party?

This Q&A raises the nature of Form K restriction entered under the Land Registration Act 2002 (LRA 2002) and one of the weaknesses from which it is...
Read More >
19th May
Q&As

A landlord holds a property under a superior lease and is granting an underlease of the property. The freeholder is providing its consent by way of a licence to sublet. The underlease only has the landlord and tenant as parties to it. All three parties are party to the licence to sublet. The underlease contains a provision requiring the tenant to covenant with the superior landlord to comply with the obligations under the superior lease. Does the superior landlord benefit from this covenant? There is no superior landlord's consent required on an assignment of the lease so is this necessary to ensure compliance following any assignment?

There being neither a direct contractual relationship nor privity of estate (privity of estate exists between a landlord and tenant under the same...
Read More >
19th May
Practice notes

Service charges in commercial property—summary of the third edition of the service charge code [Archived]

ARCHIVED: The third edition of the Royal Institution of Chartered Surveyors (RICS) Code of Practice ‘Service charges in commercial property’ (and all...
Read More >
19th May
Practice notes

Legal mortgages and legal charges

The terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not. Both are security for the...
Read More >
19th May
Practice notes

Property exclusivity agreements

An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...
Read More >
19th May
Q&As

In terms of the Law Society’s Conveyancing Protocol 2019, can a solicitor who is a member of the Conveyancing Quality Scheme charge a fee for a notice to complete if there is no provision in the contract for such fee to be charged?

The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Most recent Residential searches and enquiries content

Practice notes

Occupiers and overriding interests

Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Read More >
23rd Jul
Practice notes

Land registration—fraud and identity checks

Land registration—fraud and identity checksCoronavirus (COVID-19): HM Land Registry has introduced a new Practice Guide 67A: temporary changes to HM...
Read More >
21st Jul
Q&As

Are there any notification duties which must be complied with when purchasing a residential property with asbestos on the roof and is there a legal requirement for it to be replaced?

Are there any notification duties which must be complied with when purchasing a residential property with asbestos on the roof and is there a legal...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As

Where a seller discloses a dispute concerning property to their solicitor and is advised by the solicitor to disclose the dispute to the buyer but instructs the solicitor not to do so, besides advising the client of the risk of a claim in misrepresentation, and that they continue to act against instruction, what other legal or professional obligations are there on the solicitor?

Where a seller discloses a dispute concerning property to their solicitor and is advised by the solicitor to disclose the dispute to the buyer but...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As

In the sale of a property by a mortgagee, how can the buyer ensure that the former mortgagor vacates the property prior to completion. Do they have an overriding interest (ie actual occupation) and can it be overreached?

In the sale of a property by a mortgagee, how can the buyer ensure that the former mortgagor vacates the property prior to completion. Do they have an...
Read More >
5th Jun
Q&As

A piece of registered land has been the subject of a number of transfers for value. When the land was unregistered, it was subject to chancel repair liability and a business lease of five years within the Landlord and Tenant Act 1954, neither of which were referred to on the title. What is the position at law in respect of a person claiming to have the benefit of either of these as an overriding interest?

A piece of registered land has been the subject of a number of transfers for value. When the land was unregistered, it was subject to chancel repair...
Read More >
5th Jun
Q&As

A buyer’s local authority search result has been substantially delayed. Both parties are happy to have a contract which is conditional upon the result being received and there being no negative impact on the marketable value of the property. Do you have a Precedent for such a contract or a particular contract clause?

A buyer’s local authority search result has been substantially delayed. Both parties are happy to have a contract which is conditional upon the result...
Read More >
5th Jun
Q&As

Neither a non-registrable lease (ie of more than three but fewer than seven years) nor the easements therein have been noted against the landlord’s title at HM Land Registry. While the easements will not be overriding interests, will the lease be an overriding interest?

Neither a non-registrable lease (ie of more than three but fewer than seven years) nor the easements therein have been noted against the landlord’s...
Read More >
5th Jun
Practice notes

Misrepresentation, misstatement and non-disclosure in property matters

Misrepresentation, misstatement and non-disclosure in property mattersThis Practice Note looks at misrepresentation, misstatement and non-disclosure...
Read More >
5th Jun
Practice notes

Local Authority Search

Local Authority SearchThe Local Authority search is a search of the Local Authority’s records in respect of the property. It is made up of three...
Read More >
5th Jun
Practice notes

Easements—LPA 1925, s 62 and permissions

Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
Read More >
5th Jun
tag iconIn-house
Practice notes

Chancel repair liability

Chancel repair liabilityWhat is chancel repair liability?Chancel repair liability is an ancient interest which potentially benefits pre-Reformation...
Read More >
5th Jun
Practice notes

Pre-completion searches

Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
Read More >
5th Jun
Practice notes

Law Society Practice Notes

Law Society Practice NotesLaw Society practice notes clarify the Law Society's position on good practice in relation to particular issues and areas of...
Read More >
5th Jun
Practice notes

Land charges—registration and purpose

Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
Read More >
5th Jun
Practice notes

Carrying out bankruptcy searches at HM Land Registry

Carrying out bankruptcy searches at HM Land RegistryLand Charges searches are not required for dealings with registered land, but if you are acting...
Read More >
5th Jun
Practice notes

Standard pre-contract searches

Standard pre-contract searchesCoronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy...
Read More >
5th Jun
Practice notes

Interests which have lost overriding status

Interests which have lost overriding statusWhat are overriding interests?Overriding interests are interests which are binding on property even though...
Read More >
5th Jun
Practice notes

Flooding—flood searches

Flooding—flood searchesIntroduction to flood searchesFlooding has become an increasing environmental risk in the UK, with significant impacts for...
Read More >
Produced in partnership with Argyll Environmental and Burges Salmon 5th Jun
Practice notes

Land registration—classes of title

Land registration—classes of titleOn first registration of an estate in land, the registrar will decide what class of title can be awarded based on...
Read More >
5th Jun

Popular documents

Hearsay evidence in civil litigation

Hearsay evidence in civil litigation

Hearsay evidence in civil litigationThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.This Practice

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose

Interim injunctions—the American Cyanamid guidelines

Interim injunctions—the American Cyanamid guidelines

Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim

What is a certificate of title?

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 title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets