Residential transfers

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Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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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
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
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
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
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
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
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
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
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
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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9th Nov
Practice notes
Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...
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9th Nov
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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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
Practice notes
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov

Most recent Residential transfers content

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
Precedents
This deed is made on [insert date]Parties1[insert name] [of [insert address] OR incorporated in England and Wales with company registration number...
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29th Nov
Precedents
Date [date]Parties1[name of Assignor] [of OR incorporated in England and Wales with company registration number [company registration number] whose...
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29th Nov
Precedents
To: [insert full name of current landlord] [of [insert address] OR incorporated in England and Wales with company registration number [insert company...
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29th Nov
Precedents
1   1.1 [the covenants set out in sections 2 and 3 of the Law of Property (Miscellane...
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26th Sep
Precedents
1 Definitions Accessway means the accessway shown [as appropriate] on the Plan; Local Planning Authority means...
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26th Sep
Precedents
So that the Transferor can give a good receipt for the purchase money, [insert details of sole surviving registered proprietor or...
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26th Sep
Precedents
Gift of land—transfer clauses Use HM Land Registry Form TR1 and insert in the panels specified below the wording shown Panel...
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26th Sep
Precedents
Clauses for the sale of a flying freehold—Form TR1 additional provisions 1 In this transfer 'the Covenantee' means [proprietor of...
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26th Sep
Precedents
1 Definitions Documents the documents listed in Schedule 3; Plan the plan annexed to this transfer; Retained...
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26th Sep
Precedents
Transfer of the whole of registered or unregistered freehold land by the seller to the sub-buyer at the same or an increased...
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26th Sep
Precedents
1 Definitions Accessway means the accessway shown [as appropriate] on the Plan; Plan means the plan annexed to...
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26th Sep

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