Transferring property

View Property by content type:

News

Practice notes

Precedents

Q&As

Latest Property News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Government acts to cut cost of flood insurance premiums

The following Environment news provides comprehensive and up to date legal information on Government acts to cut cost of flood insurance premiums

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Featured Property content

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or...

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...

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...

Practice notes

Positive covenants—binding successors in title

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...

19th May

In-house

Practice notes

The ‘ad medium filum’ rule

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...

19th May

Practice notes

Insurance—non-vitiation (non-invalidation) clauses

Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...

19th May

In-house

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

19th May

Practice notes

Disclosure letters in property transactions

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...

19th May

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?

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...

19th May

Practice notes

Guide to reviewing certificate of title

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...

19th May

Practice notes

Derogation from grant and the covenant for quiet enjoyment

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...

19th May

Practice notes

Rent suspension or cesser

Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...

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

Precedents

Simple declaration to exclude Part II Landlord and Tenant Act 1954 (guarantor)

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...

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

Lease surrenders

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...

19th May

Q&As

A property has a Form K restriction registered against the proprietorship register in relation to a third party charging order. Notice of the proposed sale has been given to that third party. On sale of the property, is the seller under any obligation to pay the amount secured by the charging order to the third party?

This Q&A raises the nature of Form K restriction entered under the Land Registration Act 2002 (LRA 2002) and one of the weaknesses from which it is...

19th May

Practice notes

Drafting suspensive conditions in missives in Scotland

Coronavirus (COVID-19): Due to the effects and impact of coronavirus (COVID-19), consideration should be given to all longstop dates when drafting and...

Produced in partnership with Emma Gray of Blackadders and Melanie Ballantyne of Blackadders 19th May

Scottish Law

Practice notes

Property exclusivity agreements

An exclusivity agreement (lockout agreements) may be used where the buyer wants to prevent the seller from negotiating for the sale of the property...

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 title requiring third party consent to dispositions?

Does the variation of a registered charge amount to a 'disposition' for the purposes of a restriction on the proprietorship register of a registered...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 2nd Aug

Q&As

A private road is used to access a block of flats. The leases of the flats have a right of way over the road. The developer company who built the flats retained the private road but the company was dissolved in the 1970s. The management company of the flats owns the freehold to the block of flats. It has actively maintained and exercised control over the road for at least 30 years. Can the management company apply for title by way of adverse possession of the private road even though the flats have an express right of way over the road? If adverse possession is not possible, how can the management company acquire the freehold to the road?

A private road is used to access a block of flats. The leases of the flats have a right of way over the road. The developer company who built the...

1st 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 this mean that the land is still subject to manorial rights?

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...

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 referred to for identification purposes?

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...

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 the landlord must take to transfer the deposits to the new landlord?

Where a landlord is selling a residential property for which the residential tenants have paid tenancy deposits, are there any particular steps which...

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 provisions of the Land Registration Act 1925?

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...

1st Aug

Q&As

Should the payment of a reverse premium on the assignment of a lease be documented?

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...

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 point will Party B receive the completion monies?

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...

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 without terminating the existing tenancy by notice to quit?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

A tenant is granting a sublease, but will be putting themselves into administration either before or after exchange of contracts. If the landlord forfeits the lease, what happens to the sublease if contracts have already been exchanged?

A tenant is granting a sublease, but will be putting themselves into administration either before or after exchange of contracts. If the landlord...

1st Aug

Q&As

The failure to register a long lease created out of an existing registered reversion means that the grant of the lease cannot ‘operate at law’ (section 27(1) of the Land Registration Act 2002). Assuming that the guarantor was an original party to the lease, will a guarantee for the lease be effective if the registrable lease has not been registered?

The failure to register a long lease created out of an existing registered reversion means that the grant of the lease cannot ‘operate at law’...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

Is there any difference between residential and commercial property co-ownership disputes? In particular, is the remedy of an order for sale under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 available for both commercial and residential co-owners?

Is there any difference between residential and commercial property co-ownership disputes? In particular, is the remedy of an order for sale under...

1st Aug

Q&As

How should I deal with deferred consideration to be paid after completion of the sale of a property?

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...

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 sold with limited, rather than full, title guarantee?

Where an attorney is acting for the registered proprietor on the sale of the registered property, does this (by itself) justify the property being...

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?

Does the grant of a registrable lease out of an unregistered reversion trigger compulsory registration for that reversion?The Land Registration Act...

Produced in partnership with Alexander Campbell of Field Court Chambers 1st Aug

Q&As

A property was held by a couple as legal and beneficial joint tenants. The parties separated and the property was sold. The proceeds of sale are held in the conveyancing solicitor's client account pending a resolution of the dispute over how to split those proceeds of sale. Does a joint tenancy continue over the proceeds of sale and would it therefore need to be severed? In the circumstances, when making a claim under Trusts of Land and Appointment of Trustees Act 1996, would the court fee be for a monetary or non-monetary claim?

A property was held by a couple as legal and beneficial joint tenants. The parties separated and the property was sold. The proceeds of sale are held...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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. How can this lease be removed from the register?

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....

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 at HM Land Registry, is the deed of surrender still legally effective? Or can the lease still be enforced against the tenant?

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...

Produced in partnership with Nic Taggart of Landmark Chambers 1st Aug

Q&As

A seller of unregistered property is the daughter of the deceased owner. The buyer’s solicitor has asked the seller to certify that various D(ii) and C(iv) entries do not relate to the property or the deceased owner. The seller had no knowledge of the property or the entries and it is not clear form the entries as to whether they relate. How should the seller proceed?

A seller of unregistered property is the daughter of the deceased owner. The buyer’s solicitor has asked the seller to certify that various D(ii) and...

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 within the freehold?

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...

1st Aug

First
1
2
3
4
5
Last

Transferring property

View Property by content type:

Latest Property News

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Government acts to cut cost of flood insurance premiums

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Featured Property content

Easements and perpetuities

Equitable mortgages and equitable charges—general principles and registered land

Standard Commercial Property Conditions (Second Edition)

Authorised guarantee agreements

Most recent Transferring property content

Popular documents

SRA Code of Conduct for individuals and firms

Capital allowances on property sales—pre-contract enquiries

Qualified one-way costs shifting (QOCS)

Public inquiry procedure

Contact Us

Popular Links

Policies

Follow us