Residential transfers

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Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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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
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
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
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
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
Precedents
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...
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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
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
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
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 12th Jan
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...
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9th Nov
Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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9th Nov
Practice notes
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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9th Nov

Most recent Residential transfers content

Practice notes
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...
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6th Apr
Practice notes
This Practice Note sets out the liability of an incoming tenant, on assignment of a lease, for pre-existing breaches of a lease committed by its...
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19th Mar
Q&As
As an executor is appointed by the Will rather than by the grant of probate, they have the authority, in principle, to take action in relation to the...
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26th Feb
Precedents
notice of [assignment OR transfer]To: [insert name of landlord][of [insert address] OR whose registered office is at [insert address] Company number...
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26th Feb
Precedents
DATE [date]Parties1[name of Seller] [of OR incorporated in England and Wales with company number[number]) whose registered office is at] [address]...
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12th Feb
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Document[s]•the documents particulars of which are set out...
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12th Feb
Precedents

Relating to [freehold OR leasehold] pro

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12th Feb
Precedents
Notice of assignment [and charge]Lease: the lease of the Property dated: [insert the date in its full format DD-Month-Year] between (1) [insert full...
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5th Feb
Precedents
Notice of [assignment] [TRANSFER] [AND DIRECTION TO PAY FUTURE RENT]—Landlord and Tenant Act 1985 Section 3To: [insert name of tenant][of [insert...
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5th Feb
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 22nd Jan
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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22nd Jan
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 22nd Jan
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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22nd Jan
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 8th Jan
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

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