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Practice notes
Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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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
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
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
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
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
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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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
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
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...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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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 Transfers and assignments content

Q&As
Business tenancyA commercial tenancy which is a ‘business tenancy’ attracts security of tenure under the provisions of the Landlord and Tenant Act...
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Produced in partnership with Christopher Snell of New Square Chambers 22nd Jan
Q&As
In answering this Q&A, we assume the scenario related to registration of the assignment itself rather than registration of the document (ie the...
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22nd Jan
Q&As
In answering the above, it will be assumed that there is no mortgage but if there is, it will need to liaise with the lender to ascertain their...
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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
We do not have Precedent on the specific point raised in this Q&A. However, we refer you to the following which you may be able to adapt for your...
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22nd Jan
Q&As
It has been assumed for the purposes of this Q&A that the gift is of freehold land.Section 2 of the Law of Property (Miscellaneous Provisions) Act...
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22nd Jan
Q&As
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted on or after 1 January 1996 creates what is defined as a...
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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
Q&As
A covenant to comply with title matters ‘by way of indemnity only’Where a transfer of land takes place, the parties should effect the transfer using...
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22nd Jan
Q&As
For the purposes of this Q&A, we have assumed that the bankrupt was the sole legal owner of the property. Where an individual is declared bankrupt and...
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22nd Jan

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