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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
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
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
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
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
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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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
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
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
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
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
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

Most recent Residential searches and enquiries content

Practice notes
Law Society practice notes clarify the Law Society's position on good practice in relation to particular issues and areas of law but are not intended...
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8th Apr
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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8th Apr
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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8th Apr
Practice notes
This Practice Note looks at misrepresentation, misstatement and non-disclosure in property transactions. It covers a seller’s liability for replies...
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8th Apr
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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8th Apr
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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8th Apr
Practice notes
What are overriding interests?Overriding interests are interests which are binding on property even though they do not appear on the register. They...
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8th Apr
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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8th Apr
Practice notes
Land charges are registered to protect the interests, in unregistered land, of a person who does not hold the title deeds and thus cannot physically...
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8th Apr
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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8th Apr
Practice notes
Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...
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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
Practice notes
UK FinanceAs of 1 July 2017, the finance and banking industry operating in the UK is represented by a new trade association called UK Finance. It has...
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8th Apr
Practice notes
Stamp dutyCheck that each document prior to 1 December 2003 has been correctly stamped. Where necessary, ask the seller to apply for late stamping at...
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8th Apr
Practice notes
Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written...
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8th Apr
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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1st Apr
Practice notes
Coronavirus (COVID-19): HM Land Registry has introduced a new Practice Guide 67A: temporary changes to HM Land Registry’s evidence of identity...
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10th Mar
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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10th Mar

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