Residential searches and enquiries

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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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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
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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9th Nov
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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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
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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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
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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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
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Residential searches and enquiries content

Practice notes
A seller is under no legal obligation to reply to enquiries before contract. However, in practice failure or refusal to provide replies to enquiries...
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29th Nov
Q&As
Overriding interestsAn overriding interest is an interest in property which amounts to an exception to the general rule that in respect of registered...
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29th Nov
Q&As
This question raises the issue of when it is necessary to obtain and produce an energy performance certificate (EPC). The position is governed by the...
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29th Nov
Q&As
Asbestos is a collective term for six fibrous materials that occur naturally, and for many years were mined and used in combination with other...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Practice notes
What is chancel repair liability?Chancel repair liability is an ancient interest which potentially benefits pre-Reformation churches in England and...
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29th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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29th Nov
Practice notes
What additional searches should be undertaken?More specific searches and enquiries may be required depending on the property location, its surrounding...
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29th Nov
Practice notes
Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance...
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29th Nov
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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29th Nov
Practice notes
The Local Authority search is a search of the Local Authority’s records in respect of the property. It is made up of three forms: LLC1, CON29 and...
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29th Nov
Practice notes
Land Charges searches are not required for dealings with registered land, but if you are acting for a lender in connection with a charge over an...
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29th 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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29th 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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29th Nov
Practice notes
On first registration of an estate in land, the registrar will decide what class of title can be awarded based on the quality of title that they have...
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29th Nov
Practice notes
An important part of the process of buying or leasing a property is raising pre-contract enquiries. There are many scenarios where enquiries may need...
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29th Nov
Practice notes
From the middle of the 19th century, Parliament encouraged individuals to give land for charitable purposes (notably education and religion) by...
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29th Nov

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