Transferring property

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Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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19th May
Practice notes
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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19th May
Practice notes
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
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19th May
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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19th May
Practice notes
What is a disclosure letter?A disclosure letter is a letter from a seller to a buyer containing both general and specific disclosures as well as a...
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19th May
Practice notes
Guide to reviewing certificate of titleCoronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to...
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19th May
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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19th May
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May
Practice notes
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
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19th May
Practice notes
Coronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19), consideration should be given to all longstop dates when drafting and...
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Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...
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19th May

Most recent Transferring property content

Q&As
Does the variation of a registered charge amount to a 'disposition' for the purposes of a restriction on the proprietorship register of a registered...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 2nd Aug
Q&As
If a registered title states that part of the land was formerly copyhold of a manor with the rights saved to the lord by one of the Copyhold Acts does...
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1st Aug
Q&As
What wording should be used in a parcels clause to ensure that the written description of the land takes priority to the plan, which should only be...
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1st Aug
Q&As
Where a landlord is selling a residential property for which the residential tenants have paid tenancy deposits, are there any particular steps which...
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Produced in partnership with Elizabeth England 1st Aug
Q&As
Prior to the Land Registration Act 2003, would a deed of gift of a property not be subject to compulsory first registration by virtue of the...
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1st Aug
Q&As
Should the payment of a reverse premium on the assignment of a lease be documented?The reverse premium must be documented otherwise B will not be...
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1st Aug
Q&As
When transferring a property from Party A and Party B to Party A only, can completion occur before Party A has signed the transfer deed and at what...
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1st Aug
Q&As
Where the legal title of the landlord is shared by two co-owners, can the tenant enter into a valid new tenancy with just one of the co-owners, and...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
How should I deal with deferred consideration to be paid after completion of the sale of a property?See: Seller's lien: Halsbury's Laws of England...
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1st Aug
Q&As
Where an attorney is acting for the registered proprietor on the sale of the registered property, does this (by itself) justify the property being...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
Does the grant of a registrable lease out of an unregistered reversion trigger compulsory registration for that reversion?The Land Registration Act...
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Produced in partnership with Alexander Campbell of Field Court Chambers 1st Aug
Q&As
A leasehold title should have been removed from the register when the freehold of the land was transferred, as the tenants are now the freehold owner....
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1st Aug
Q&As
A landlord and tenant enter into a deed of surrender of a registered lease. The reversion is unregistered. If the deed of surrender is not registered...
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Produced in partnership with Nic Taggart of Landmark Chambers 1st Aug
Q&As
Is it possible to merge a freehold and leasehold title when the landlord and tenant are the same person but small parts of the leasehold title are not...
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1st Aug

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