Nature of mortgages and chargesMortgages and charges are distinct forms of security. A mortgage can be legal or equitable and involves the transfer of...
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...
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...
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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...
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...
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak....
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...
In this situation section 2 of the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) may assist. If the property was transferred with...
Case studyThe landowner with the burden of the positive covenant to maintain/repair has no requirement or ability to use the unadopted road and access...
This Q&A will be relevant where the co-owner no longer has a leasehold interest in the flat and the legal title is held as joint tenants. For further...
Meaning of ‘covenant’Definition and construction of covenant: Halsbury’s Laws of England [448] states:‘A covenant is an agreement contained in a deed...
When selling a freehold property, sellers may wish to create positive covenants for future owners to perform. Problems may arise with the enforcement...
An easement is a right granted to the owner from time to time of one piece of land over another piece of land for the benefit of the former. The two...
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...
In Land Registry terms, a transfer of part of land in two titles from the landowner to himself in order to create a third title, does not constitute a...
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...
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...