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Property weekly highlights—21 January 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—21 January 2021

Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

The following Property Disputes news provides comprehensive and up to date legal information on Supreme Court decides on COVID-19 business interruption coverage—what does this mean for real estate?

A trust of open land for the benefit of the public does not endure where a disposal of that land is made in breach of the rules about disposals (R (Day) v Shropshire Council)

Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Featured Property content

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 solicitors are instructed to investigate...

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...

Resulting trusts

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...

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...

Practice notes

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

9th Nov

Practice notes

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...

9th Nov

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...

9th Nov

Practice notes

Quistclose trusts

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...

9th Nov

Practice notes

Pre-completion searches

Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...

9th Nov

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 12th Jan

Scottish Law

Precedents

Specific clauses for transfers—indemnity covenant

Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...

9th Nov

Practice notes

Easements—actionable interference

Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...

9th Nov

Practice notes

Guide to reviewing certificate of title

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...

9th Nov

Precedents

Template completion statement—sale

An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...

9th Nov

Q&As

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Conditional contracts—property

Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....

9th Nov

Practice notes

What is a good and marketable title?

A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...

9th Nov

Precedents

Disclosable overriding interests questionnaire

You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...

9th Nov

Practice notes

Sub-sales and assignments

A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...

9th Nov

Most recent Statutory compliance content

Practice notes

CDM Regulations 2015—what's changed? [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction (Design and Management) Regulations 2015, SI 2015/51, (CDM...

18th Jan

Practice notes

CDM 2015—transitional provisions [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.The Construction (Design and Management) Regulations 2015, SI 2015/51, (CDM 2015)...

18th Jan

Practice notes

Fire safety developments following the Grenfell Tower fire

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

18th Jan

Practice notes

Fire safety in the workplace—regulatory requirements

This Practice Note covers regulatory requirements relating to fire safety in the workplace. It covers fire safety requirements in an office-based...

Produced in partnership with Melanie O'Brien of DG Legal 15th Jan

Practice notes

Obtaining building regulations approval

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Practice notes

Energy performance certificates (EPCs)—issues for commercial landlords and tenants

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...

15th Jan

Practice notes

Occupiers’ liability

Occupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of care to all his...

15th Jan

Practice notes

Equality Act 2010—premises

Part 4 of the Equality Act 2010 (EqA 2010) imposes EqA 2010 duties in relation to premises. It covers disposals of premises, management of premises...

15th Jan

Practice notes

Landlords' duties—smoke alarms, carbon monoxide detectors, gas and electrical safety

This Practice Note covers various duties imposed on private sector landlords which are aimed at increasing safety standards in private sector...

15th Jan

Practice notes

Building regulations—enforcement

The Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984). They impose a set of minimum...

15th Jan

Practice notes

Defective Premises Act—provision of dwellings

Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to...

15th Jan

Practice notes

Equality Act 2010—common parts—reasonable adjustments—physical features

Please note that the obligations to make reasonable adjustments to the physical feature of common parts are not yet in force. Therefore, until such...

15th Jan

Practice notes

Defective Premises Act—landlords' liability

A landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under the...

15th Jan

Practice notes

Energy efficiency—Part L of the Building Regulations

Updated in partnership with WSPLegislative backgroundThe Building Regulations 2010 (Building Regulations 2010), SI 2010/2214 set out the basis of...

15th Jan

Practice notes

Control of asbestos—asbestos surveys

Legal requirementsThere is a legal presumption that any non-domestic buildings (and the common parts of domestic buildings) whose construction was...

15th Jan

Practice notes

Control of asbestos—duty to manage

The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos...

15th Jan

Practice notes

Energy performance certificates (EPCs)—energy assessor accreditation and energy assessments

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...

15th Jan

Practice notes

Control of asbestos—penalties

PenaltiesThe Control of Asbestos Regulations 2012, SI 2012/632 (‘CAR’) were made under Health and Safety at Work etc. Act 1974, s 15 (‘HSWA 1974’)....

Produced in partnership with Lee Hughes of Lincoln House Chambers 15th Jan

Practice notes

Energy performance certificates (EPCs)—what are they and when are they required?

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...

12th Jan

Practice notes

Air conditioning inspections for buildings

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

12th Jan