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Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
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
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
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
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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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
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...
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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
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Contracts content

Practice notes
A restriction can be entered in the register and indicates that the proprietor's powers of disposition are fettered in some way. Its effect is to...
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25th Jan
Q&As
A lease for a term not exceeding three years can be created orally pursuant to section 54 of the Law of Property Act 1925 (LPA 1925). For the purposes...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
A contract may be wholly discharged by agreement as follows:•where one party releases the other from its obligations by deed (release)•the parties...
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22nd Jan
Q&As
Unlike a standard residential transaction the auction contract is binding as soon as the price is agreed and the hammer falls. The buyer must pay 10%...
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22nd Jan
Q&As
The Standard Conditions of Sale (5th Ed) cover the details on how to work out who is responsible for the service charge/rent relating to the...
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Produced in partnership with Kevin Leigh of No 5 Chambers 22nd Jan
Q&As
Case studyA contract for sale conditional on the buyer obtaining planning permission provides that 'If the condition has not been satisfied by the...
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Produced in partnership with Christopher Snell of New Square Chambers 22nd Jan
Q&As
In practice, where conditionality clauses have been drafted in favour of the buyer and such conditionality is to be 'at the buyer’s absolute...
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22nd Jan
Q&As
Meaning of ‘covenant’Definition and construction of covenant: Halsbury’s Laws of England [448] states:‘A covenant is an agreement contained in a deed...
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22nd Jan
Q&As
See: Seller's lien: Halsbury's Laws of England [487], which explains that a seller has an equitable lien over the property (and the title deeds if in...
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22nd Jan
Q&As
If the section 5 of the Landlord and Tenant Act 1987 (LTA 1987) applies to this property, it must be a building or part of a building divided into at...
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Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan
Q&As
In commercial transactions it is frequently the case that an ‘entire agreement’ clause will be inserted into the contract with the purpose of seeking...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
This Q&A is answered on the basis that the claim in question relates to an absent landlord in the context of Part I of the Leasehold Reform, Housing...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan

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