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Latest Property News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Discharge of restrictive covenant—original contracting parties (Father's Field Development Ltd v Namulas Pension Trustees Ltd)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

The following Private Client news provides comprehensive and up to date legal information on SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Featured Property content

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...

Equitable mortgages and equitable charges—general principles and registered land

Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...

Standard Commercial Property Conditions (Second Edition)

The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...

Underletting at less than the passing or market rent

When property markets suffer a downturn, commercial tenants with properties that are surplus to requirements face significant difficulties in...

Practice notes

Buildings insurance—subrogation rights and waivers

The principle of subrogationSubrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy,...

19th May

Practice notes

Insolvency—fixed charge receivership

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...

19th May

Practice notes

Without prejudice and subject to contract

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...

19th May

Practice notes

Consecrated ground and burial grounds—issues for developers

Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...

19th May

Practice notes

Manorial rights

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...

19th May

Practice notes

Letter/certificate of non-crystallisation in property transactions

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...

19th May

Practice notes

Apportioning service charge and transferring sinking funds

Apportioning service charge—the standard conditionsIn sales of investment properties where there are often many occupational tenancies with rental,...

19th May

Practice notes

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...

Produced in partnership with Kenneth S Gerber of Mitchells Roberton 19th May

Scottish Law

Q&As

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?

A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...

19th May

Precedents

Contract for sale—agricultural land—freehold, vacant possession

Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...

19th May

Practice notes

Tenant’s insurance issues—rent suspension

No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...

19th May

Q&As

Do the implied covenants under a full title guarantee in section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 apply to a grant of a lease? To what extent do they apply to a grant of a lease?

The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...

Produced in partnership with Carl Fain of Tanfield Chambers 19th May

Practice notes

Modification and release of restrictive covenants—the non-statutory route

See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...

19th May

Practice notes

Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership

Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...

19th May

Precedents

Promotion agreement

Date: [date]Parties1[name of Owner] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at]...

19th May

Practice notes

Dealing with rights of pre-emption on transfer of property in Scotland

What is a pre-emption?A pre-emption is a type of option to purchase—historically the most common and arguably the least complex (at least in the form...

Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May

Scottish Law

Most recent Environment energy and buildings in Scotland content

Practice notes

Coronavirus (COVID-19)—property in Scotland

Coronavirus (COVID-19)—property in ScotlandThis Practice Note introduces the key implications that property practitioners in Scotland should consider...

20th Jul

Scottish Law

COVID-19

Practice notes

Glossary of Scottish property words and expressions

Glossary of Scottish property words and expressionsThis is a glossary of common words and expressions used in Scottish property law with the nearest...

Produced in partnership with Rachel Oliphant of Pinsent Masons 14th Jul

Scottish Law

Practice notes

Coronavirus (COVID-19)—Scotland tracker

Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...

6th Jun

Scottish Law

COVID-19

Practice notes

Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 and action plans for commercial property in Scotland

Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 and action plans for commercial property in ScotlandHow do the...

Produced in partnership with Rachel Oliphant of Pinsent Masons 5th Jun

Scottish Law

Practice notes