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Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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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
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
Precedents
This Deed is made on [insert date]PARTIES1[insert name of the owner of the Servient Land] [ of [insert address] OR incorporated in England and Wales...
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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
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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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
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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9th Nov
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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9th Nov
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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9th Nov

Most recent Charities content

Practice notes
Community Infrastructure Levy (CIL)—exemptions and relief for charitiesContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is...
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15th May
Practice notes
Charity land disposals—the surveyor’s dutiesIf a disposal of charity land involves any transaction other than the grant of a lease for seven years or...
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15th May
Practice notes
Charitable incorporated organisationsA charitable incorporated organisation (CIO) is a form of legal entity that is only available to charities. It is...
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15th May
Practice notes
Community interest companiesCoronavirus (COVID-19): Following the COVID-19 outbreak, guidance has been issued by the Office of the Regulator of...
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15th May
Practice notes
From the middle of the 19th century, Parliament encouraged individuals to give land for charitable purposes (notably education and religion) by...
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11th May
Practice notes
Title to a charity's properties may be held:•in the names of the individual trustees (if the charity is a trust)•in the name of a company (either...
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8th Apr
Practice notes
One of the general functions of the Charity Commission (the Commission), as the statutory regulator for charities, is to identify and investigate...
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8th Apr
Practice notes
Unincorporated associations fall into two broad categories:•charitable associations, and•‘member-interest’ associationsBoth:•will generally be...
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8th Apr
Practice notes
If a charity is proposing to buy property, there are a number of issues that the charity trustees must consider. In this context, ‘charity trustees’...
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8th Apr
Practice notes
Where a charity is established as a trust, the fact that its properties, investments and contracts are vested in the individual trustees means that...
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8th Apr
Practice notes
If a charity is proposing to:•mortgage property that it owns, or•acquire property with mortgage financethere are a number of issues that the charity...
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8th Apr
Practice notes
A charity may be involved in a construction project:•to fulfil its charitable objectives (eg the construction of social housing)•to provide office or...
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8th Apr
Practice notes
The disposition of charity land involving 'permanent endowment' or 'in specie land' or 'designated land' (ie land which was expressly given to the...
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8th Apr
Practice notes
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined...
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8th Apr
Practice notes
What is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an association of persons bound together by...
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8th Apr
Practice notes
Empty rates reliefEmpty rates relief is currently only available where premises are unoccupied for a continuous period of less than three months. The...
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8th Apr
Practice notes
Where land is held on a charitable trust, it can only be disposed of in accordance with Part 7 of the Charities Act 2011 (CA 2011). Failure to comply...
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8th Apr
Practice notes
The tainted charity donations rules, set out in Schedule 3 of the Finance Act 2011 (FA 2011), aim to deter the abuse of reliefs which are available in...
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8th Apr
Practice notes
If a charity is proposing to:•mortgage property that it owns, or•acquire property with mortgage financethere are a number of issues that a prospective...
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8th Apr
Practice notes
A charity may be excepted from registration if it:•is excepted by Order of the Charities Commission (and complies with any conditions), and•has a...
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8th Apr

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