Residential transfers

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Practice notes
Subject to contractIf a party who strikes a bargain wishes to make it clear that it does not intend to enter into a binding contract until a formal...
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9th Nov
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 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
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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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
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
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
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
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
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
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
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
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov

Most recent Residential transfers content

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 4th Dec
Precedents
1Panel 4—PropertyPlot number [insert number] [and garage plot number [insert number]] on the approved estate layout plan lodged at HM Land Registry...
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2nd Dec
Q&As
The right to buy (RTB) is provided for in Part V of the Housing Act 1985 (HA 1985).HA 1985, s 122 provides that a secure tenant claims to exercise the...
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Produced in partnership with Alexander Campbell of Field Court Chambers 29th Nov
Q&As
Under section 9 of the Mental Capacity Act 2005 (MCA 2005), attorneys acting under a Lasting Power of Attorney (LPA) are provided with the authority...
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Produced in partnership with Graham Stott of gunnercooke LLP 29th Nov
Q&As
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted on or after 1 January 1996 creates what is defined as a...
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29th Nov
Q&As
We are not proposing to produce a precedent clause to cover coronavirus (COVID-19) delays in residential conveyancing because in our view, given the...
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29th Nov
Q&As
Where a property is jointly owned, a trust of that property arises so that the legal owners hold the beneficial interest in the property on trust,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
The Landlord and Tenant Act 1985 (LTA 1985) was originally a consolidating statute bringing together a number of provisions relating to houses and...
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29th Nov
Practice notes
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...
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29th Nov
Practice notes
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...
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29th Nov
Practice notes
An ordinary power of attorney is a basic document that gives the attorney the power to deal with the donor’s financial affairs. It can be as wide...
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29th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.As from completion of the...
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29th Nov
Practice notes
This Note considers registration at HM Land Registry following the assignment of a lease. While this Practice Note primarily covers commercial...
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29th Nov

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