Trusts of land

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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
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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19th May
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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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
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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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Trusts of land content

Practice notes
Buying property from a sole surviving co-ownerCo-ownershipWhere property is purchased in the joint names of two or more co-owners a statutory ‘trust...
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11th Sep
Practice notes
Bankruptcy and co-ownershipWhen a bankruptcy order is made, a bankrupt’s property normally automatically vests in the Official Receiver/trustee in...
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18th Aug
Q&As
Where two individuals jointly instruct a solicitor to act in the purchase of a property, is each individual entitled to require the solicitor to...
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18th Aug
Practice notes
Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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16th Aug
Practice notes
Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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16th Aug
Practice notes
Charity terms and their meaningFORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law Commission’s report of 14...
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16th Aug
Practice notes
Trustees—trustees investment powersGeneral lawThe original trust fundFor a trust to be effective it needs property to be subject to the trusts. When a...
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16th Aug
Practice notes
Creation of trusts—by declarationExpress lifetime declarationsWhere a trust is created by an express lifetime declaration, the settlor simply declares...
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16th Aug
Practice notes
Trustees—retirement of trusteesIn principle, the office of the trustee is lifelong. Nevertheless, a trustee may retire in a number of ways:•by the...
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16th Aug
Practice notes
Trustees—trustees' power to lendGeneral investment powerThe powers possessed by trustees to administer a trust effectively emanate from statute,...
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16th Aug
Practice notes
Trustees—dutiesNature of dutiesThe difference between a duty and a power is:•the performance of a duty is obligatory•powers are to a greater or lesser...
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16th Aug
Practice notes
Variation of trusts—variation of trusts without the court's assistanceVariation of trustsAs a general rule trustees are bound to carry out the...
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16th Aug
Practice notes
Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...
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15th Aug
Practice notes
Perpetuities and accumulationsThe rules relating to perpetuities and accumulations stem from the common law and the provisions in the Perpetuities and...
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15th Aug
Practice notes
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
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15th Aug
Practice notes
Trustees—power of advancementWhere a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married...
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15th Aug
Practice notes
Variation of trusts—variation of trusts with the court's assistanceVariation of trustsIt is open to a settlor to impose such trusts and confer such...
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15th Aug

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