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Land registration

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Latest Property News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

Property weekly highlights—13 May 2021

Property weekly highlights—13 May 2021

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

The following Property Disputes news provides comprehensive and up to date legal information on Amendments to the prescribed notice seeking possession in Form 3 (section 8 notice)—implications for practitioners

Featured Property content

Sub-sales and assignments

Sub-sales and assignments

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...

Double funding

Double funding

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...

Differences—joint insured and noting

Differences—joint insured and noting

Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...

Easements—nature and characteristics

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...

Precedents

Rent Review Memorandum

Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes

Completion monies—the SCPCs

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
Practice notes

Contract races

The Solicitors Regulation Authority’s (SRA) Handbook (SRA Handbook 2011) which contains the Solicitors Regulation Authority’s Code of Conduct (SRA...
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9th Nov
tag iconIn-house
Practice notes

Concurrent and reversionary leases

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
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?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and...
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9th Nov
Practice notes

Implied easements—common law

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

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...
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9th Nov
tag iconIn-house
Practice notes

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 12th Jan
tag iconScottish Law
Practice notes

Rent deposit deeds—common structures

What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes

Benevolent funds

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

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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9th Nov
Practice notes

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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9th Nov
Practice notes

The equity of redemption

Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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9th Nov
Practice notes

Constructive trusts

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

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly...
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9th Nov
Practice notes

Overreaching—sales by trustees of land

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 Land registration content

Practice notes

Land registration—classes of title

Land registration—classes of titleOn first registration of an estate in land, the registrar will decide what class of title can be awarded based on...
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15th May
Practice notes

Land registration—fraud and identity checks

Land registration—fraud and identity checksCoronavirus (COVID-19): HM Land Registry has introduced a new Practice Guide 67A: temporary changes to HM...
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15th May
Practice notes

Rentcharges—apportionment, termination and enforcement

Rentcharges—apportionment, termination and enforcementCoronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency...
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15th May
Practice notes

Overreaching by a mortgagee

Overreaching by a mortgageeOverreaching is a statutory mechanism available to a mortgagee (amongst others) to confer title on the buyer free from...
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Produced in partnership with Amanda Eilledge of Hardwicke Chambers 15th May
Practice notes

Dissolution and bona vacantia—dealing with the Treasury Solicitor

Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 15th May
Practice notes

Formalities where an overseas company is buying, selling or leasing land in England and Wales

Formalities where an overseas company is buying, selling or leasing land in England and WalesThe fact that an overseas company is a seller, buyer,...
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13th May
Q&As

What are the consequences and drawbacks for a tenant on a failure to register a lease granted out of a registered estate that should have been registered at the Land Registry?

What are the consequences and drawbacks for a tenant on a failure to register a lease granted out of a registered estate that should have been...
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13th May
Q&As

When purchasing a property which is owned jointly by A and B as tenants in common and B is deceased, should A arrange to remove B's name from the registered title and appoint a second trustee either by way of a deed or within the transfer before the sale completes? Can the second trustee be appointed within the transfer, with the buyer then arranging to remove B's name from the title by producing a death certificate when registering the title?

When purchasing a property which is owned jointly by A and B as tenants in common and B is deceased, should A arrange to remove B's name from the...
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13th May
Q&As

What are the potential issues for an assignee of a lease who takes an assignment of an equitable lease then immediately surrenders it and is granted a new 20-year lease? The original lease has not been registered, the tenant has lost the original lease and an SDLT1 should have been filed at the time of the grant of the lease but was not.

What are the potential issues for an assignee of a lease who takes an assignment of an equitable lease then immediately surrenders it and is granted a...
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13th May
Q&As

In the sale of a property by a mortgagee, how can the buyer ensure that the former mortgagor vacates the property prior to completion. Do they have an overriding interest (ie actual occupation) and can it be overreached?

Overriding interestsAn overriding interest is an interest in property which amounts to an exception to the general rule that in respect of registered...
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27th Apr
Q&As

Does a unilateral notice provide adequate protection to a purchaser who is purchasing land under a conditional contract subject to planning or should a restriction be entered on the title?

A notice is an entry in the register of title that protects the priority of a specific interest affecting the land in a registered title. The...
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27th Apr
Precedents

Transfer of part

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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20th Apr
Precedents

Transfer of whole

Transfer of wholePrecedent transferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from this link: Drafting...
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20th Apr
Precedents

Sub-sale transfer

Sub-sale transferPrecedent transferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the link on this...
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20th Apr
Precedents

Surrender of registered lease

Transfer for a surrender of a leasePrecedent transferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the...
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20th Apr
Precedents

Transfer for sale by administrator

Transfer for sale by administratorPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the...
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20th Apr
Precedents

Transfer of portfolio of titles (whole or part)

Form TR5—Transfer of portfolio of titles (whole or part)Precedent transferAn adaptable Word version of the precedent form TR5 can be downloaded, saved...
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20th Apr
Precedents

Surrender of part and variation of registered lease (TP1)

Transfer for a surrender of part and variation of a leasePrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded,...
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20th Apr
Precedents

Transfer for sale by liquidator

Transfer for sale by liquidatorPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the link...
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20th Apr
Precedents

Transfer for sale by LPA or fixed charge receiver

Transfer for sale by LPA/fixed charge receiverPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or...
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20th Apr

Popular documents

Wounding or causing grievous bodily harm with intent

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if

Loan Market Association (LMA)—news on documentation [Archived]

Loan Market Association (LMA)—news on documentation [Archived]

This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on

Mistake in contract law

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and