Residential transfers

Residential transfers guidance:

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Whenever a property is sold, outgoings and any...

Practice Note

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Registered leases It is compulsory to...

Practice Note

This Note considers registration at HM Land Registry following the assignment of a lease. While this Practice Note primarily covers commercial property matters, it also...

Practice Note

Section 62 of the Law of Property Act 1925 (LPA 1925) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a permission...

Practice Note

A freehold includes all the land below it and all the airspace above it, so two freeholds should not overlap. However, practitioners should be alive to the existence of a...

Practice Note

As of 3 August 2009 HM Land Registry has applied a policy of early completion to applications to register a new owner (and their lender) where there is no immediate...

Practice Note

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. As from completion an incoming landlord is: • (in...

Practice Note

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. As from completion of the assignment an incoming...

Practice Note

The Law Society and HM Land Registry have published a joint practice note in respect of joint property ownership. This was prompted by recent court decisions...

Practice Note

Form of covenant The tenant’s ability to assign or underlet will depend on the form of covenant in the lease. It is important to properly analyse the covenant, to decide...

Practice Note

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Landlord and Tenant (Covenants) Act 1995 The...

Practice Note

Identity of the donor When acting for the donor, check the donor has the capacity to grant the power. For individuals, check that the individual is capable of...

Practice Note

An individual or other body (the donor) can confer power on some other competent individual or other body (the attorney) to act as attorney on the donor’s behalf and in...

Practice Note

Ordinarily, a transfer of land must be made by deed: Law of Property Act 1925, s 52(1). However, where: • the estate of a deceased person includes a legal or equitable...

Practice Note

To be a deed, an instrument must be validly executed: • by the person executing it or a person authorised to execute it in the name of or on behalf of that person, or •...

Practice Note

If the seller’s title is pending registration at HM Land Registry, the safest course of action for the buyer is to postpone exchange until registration takes place. Where...

Practice Note