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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
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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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
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
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
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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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
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
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
Practice notes
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
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
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
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
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

Most recent Transfers and assignments content

Practice notes
Legal and equitable assignment in construction contractsWhat is an assignmentAn assignment is the transfer of a right or an interest vested in one...
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15th May
Practice notes
Virtual execution of documentsCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in...
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15th May
Practice notes
Electronic signaturesCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response...
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15th May
Practice notes
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
Will the 3% SDLT higher rates applicable to buy to let properties apply to residential lease extensions?Our answer assumes that the property owned by...
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13th May
Precedents
DateParties1[insert name] (Company Registration No. [insert number]) whose registered office is at [insert address] (the "Assignor")2[insert name]...
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5th May
Practice notes
As from completion, an incoming landlord is:•(in the case of an ‘old’ tenancy ie granted pre-1 January 1996) bound by all landlord covenants that have...
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4th May
Precedents
Transfer of partPrecedent transferExchanges are now almost invariably effected by separate transfers, each containing the usual title guarantees given...
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21st Apr
Precedents
Transfer of wholePrecedent transferExchanges are now almost invariably effected by separate transfers, each containing the usual title guarantees...
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20th Apr
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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20th Apr
Precedents
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 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
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 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
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
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 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/fixed charge receiverPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or...
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20th Apr
Precedents
Transfer for sale by administrative receiversPrecedent TransferAn adaptable Word version of the precedent form TR1 can be downloaded, saved or printed...
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20th Apr

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