Part V of the Housing Act 1985 (HA 1985) contains provisions relating to the right to buy. This provides that a secure tenant of a dwelling-house in England has the right in specified circumstances to acquire the interest of the landlord (whether freehold or leasehold) in the property that they occupy. There is a statutory formula for determining the value of the dwelling-house and a discount applied to the purchase price. HA 1985, s 155 makes provision for repayment of the discount

The Practice Note: International issues relating to the protection of vulnerable adults explains that the UK is a signatory to the Hague Convention on the International Protection of Adults signed at the Hague on 13 January 2002 although it has only ratified the Convention in relation to Scotland (and not England and Wales). The jurisdiction of the Court of Protection is governed by Schedule 3 of the Mental Capacity Act 2005 (MCA 2005), so cross-border issues affecting England and Wales need to be considered by reference to the unilateral set of rules (which broadly mirror the Hague Convention) contained in MCA 2005, Sch 3, Pt 2, para 7 which

This Q&A raises the nature of Form K restriction entered under the Land Registration Act 2002 (LRA 2002) and one of the weaknesses from which it is often said to suffer. A restriction is an entry in the register regulating the circumstances in which a disposition of a registered estate or charge may be the subject of an entry in the register (LRA 2002, s 40). Unless the registrar orders otherwise, where a restriction is entered in the register, no entry in respect of a disposition to which the restriction applies may be made in the register otherwise than in accordance with the terms of the restriction (LRA 2002, s 41(1)). The Land Registration Rules 2003 (LRR 2003), SI 2003/1417 make provision for certain

Section 86(2) of the Land Registration Act 2002 requires the Registrar to enter a notice in relation to any registered estate or charge which appears to be affected by a bankruptcy application or a petition in bankruptcy. A bankruptcy restriction will subsequently be entered if a bankruptcy

Whether a legal easement requires registration at HM Land Registry in order to take effect in law depends on how the easement is created and the registration status of the dominant and servient tenements. Section 27(2)(d) of the Land Registration Act 2002 (LRA 2002) provides that, with effect from 13 October 2003, the express grant or reservation over registered land of an easement, which falls within the section 1(2)(a) of the Law of Property Act 1925, will not operate at law until the

In short, yes, such a sale is possible and it will not be, without more, a breach of the Law of Property Act (LPA) receiver’s duties. The Practice Note 'Best price reasonably obtainable—what it means for receivers' sets out in detail the scope of the duty owed by a receiver to a mortgagor when selling a property. The duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor: • in exercising his power of sale over mortgaged property a mortgagee is under a general duty to take reasonable care to obtain the

Section 104(1) of the Law of Property Act 1925 (LPA 1925) provides that a mortgagee exercising the power of sale conferred by the LPA 1925 may transfer the property free from all estates, interests and rights to which the mortgage has priority, but subject to all estates, interests and rights which have priority to the mortgage. Section 2.2.1 of HM Land Registry’s (HMLR) Practice Guide 75: transfer under a chargee's power of sale (PG 75) confirms that on registration of the transfer HMLR will cancel the entry in the proprietorship register that gives the proprietor’s details, and the other entries that

There are two separate issues to consider here: • the buyer’s liability in respect of existing restrictive covenants on the title once it acquires the property, and • whether the seller should be seeking an indemnity from the buyer for any liability the seller has in respect of the title Turning to the first issue, the buyer will take the property subject to the restrictive covenants on the title as they will run with the land. This is an issue of the buyer’s liability and it will be bound by

In a scenario such as this, the legal mechanism to enable the occupation of A matters only in the event of a dispute. If A simply vacates the property after the expiration of the five-year period agreed with B, it does not matter whether A occupies as a licensee, as a tenant, or in some other respect. However, in order to protect against what would potentially be an acrimonious and expensive falling out in the event that A does not leave or

In this scenario, we assume that A and B are joint owners of the legal title to the property which they hold as tenants in common. B has appointed A as their attorney under a property and financial affairs lasting power of attorney (LPA). The general rule is that any trustee functions delegated to an attorney must comply with the provisions of section 25 of the Trustee Act 1925. However, section 1(1) of the Trustee Delegation Act 1999 (TDA 1999) provides an exception to this rule stating that an attorney can exercise a trustee function of the donor if it relates to land in which the donor has a beneficial interest. This power under TDA 1999, s 1(1)

The legal ownership of jointly owned property in England and Wales (though not Scotland) is always held as joint tenants. This means that when one joint owner dies, their interest passes to the remaining joint owner(s) by virtue of the doctrine of survivorship, and does not fall within their estate, the rationale being that joint tenants each own the indivisible whole. The beneficial ownership of property can be either as equitable joint tenants or as tenants in common, with the latter meaning that they have a defined share which they can leave as they wish by will or under the laws of intestacy. It appears in this scenario that the deceased owner has left

Where property is held jointly in England and Wales, it is held in two manners. The legal ownership records in whose names the property is registered. The legal owners then hold the property on trust for the beneficial owners (also referred to as equitable owners). The beneficial owners will often be the same as the legal owners, but do not have to be. Legal ownership is always as joint tenants. This means that the registered owners hold the property ‘per muy et per tout’—each owns the whole, rather than defined shares. Beneficial ownership can be as equitable joint tenants, in which case the same applies, or as tenants in common, meaning that the beneficial