Transferring property

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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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9th Nov
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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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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9th Nov
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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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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9th Nov
Practice notes
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...
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9th Nov

Most recent Transferring property content

Practice notes
IntroductionA contract for the sale, or other disposition, of an interest in land is void unless it complies with section 2 of the Law of Property...
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12th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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9th Apr
Practice notes
From 1 January 2021, the UK GDPR regime applies to the processing of personal data in the UK. The UK GDPR regime comprises the Retained General Data...
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9th Apr
Practice notes
IntroductionThis Practice Note looks at when deeds are required in property transactions, how deeds are validly executed by individuals in accordance...
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9th Apr
Practice notes
Variation of trustsAs a general rule trustees are bound to carry out the settlor's wishes. However, circumstances may arise where a variation is...
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9th Apr
Practice notes
Overreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from charges and encumbrances...
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Produced in partnership with Amanda Eilledge of Hardwicke Chambers 9th Apr
Practice notes
Bona vacantia means ‘goods without an owner’ and is a relevant consideration where any company is at risk of being struck off and dissolved. Any...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 9th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.The Fourth Money Laundering Directive (4MLD), replacing the Third Directive which...
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9th Apr
Practice notes
This Practice Note sets out the scope and application of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer)...
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9th Apr
Practice notes
A trustee may be removed against their will in any of the following ways:•under an express power in the trust instrument•under section 36(1) of the...
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9th Apr
Practice notes
Original trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust instrument should also make...
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9th Apr
Practice notes
The rules relating to perpetuities and accumulations stem from the common law and the provisions in the Perpetuities and Accumulations Act 1964 (PAA...
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9th Apr
Practice notes
In some circumstances a beneficiary will want to recover a specific asset. Tracing as a remedy will be the preferred option as the claimant seeks to...
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9th Apr
Practice notes
Definitions of charity and charitable trustThe relevant definitions for the purposes of the law in England and Wales are:•'charity' means an...
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9th Apr
Practice notes
The self-dealing ruleThe self-dealing rule is connected to, but distinct from, the fair dealing rule as well as the genuine transaction rule. There is...
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9th Apr
Practice notes
Source and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the Trustee Act 1925 (TA 1925) and the...
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9th Apr
Practice notes
General lawThe original trust fundFor a settlement to be effective it needs property to be subject to the trusts. When a settlement is created the...
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9th Apr
Practice notes
General investment powerThe powers possessed by trustees to administer a trust effectively emanate from statute, mainly the Trustee Act 1925 (TA 1925)...
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9th Apr
Practice notes
Variation of trustsIt is open to any settlor to impose such trusts and confer such powers and discretions as they see fit. Consequently, the general...
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9th Apr
Practice notes
Creation by transfer of property to trusteesIn practice trusts will frequently be created by a settlor transferring assets to independent trustees on...
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9th Apr

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