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The following Property news provides comprehensive and up to date legal information on Property weekly highlights—11 September 2025
Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...
What is a certificate of title?A certificate of title (also known as a certificate on title) is a particular species of report on title.When...
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are...
Long leases—mortgage cure rightsForfeiture provisions in rack-rented occupational leases are commonly accepted; this is because those leases rarely have capital value. However, long leases (which usually have a minimal ground rent) are considered to be more akin to freeholds and are likely to have a
Is a loan between two private individuals secured on the debtor's property by way of a legal charge enforceable?The simple fact that a loan is between two private individuals is no bar to enforcement of that loan or any legal charge over it.Loans are more generally thought about in the context of
Floating charges—obtaining a letter or certificate of non-crystallisation in property transactionsWhat is a letter of non-crystallisation?Title due diligence against property owned by a company may disclose the existence of a floating charge.See Practice Notes: Pre-contract searches—Company search
Fixtures and fittingsWhen transferring an interest in land (whether freehold or leasehold), unless the contract provides otherwise:•any fixtures form part of the land and are transferred with it, and •any fittings (also known as chattels) do not form part of the land and will not be
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