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Q&As
This Q&A assumes that; • the lease remains unregistered • it is the first transfer of the landlord’s freehold since the grant of the lease • the transfer of the freehold took place recently and the provisions of the Land Registration Act 2002 apply to that transfer A lease granted in the year 2000 for more than 21 years and: • made for valuable or other consideration, • by way of a gift, or • in pursuance of an order of any court was compulsorily registrable under section 123 of the Land Registration Act 1925. If such a lease was not registered within the ‘applicable period’ (usually 2 months beginning with the date of grant), then the grant became void and took effect as if it were a contract to grant or create that estate made for valuable
Q&As
A tenancy at will arises by implication where a person is either allowed into or permitted to remain in, exclusive possession of premises for an indefinite period. Thus, a tenant taking possession during negotiations for a lease has been held to be on the basis of a tenancy at will in certain circumstances. Tenancies at will do not fall within the protection of the Landlord and Tenant Act 1954 (LTA 1954). See Practice Notes: Leases and licences of land—key features and differences and Periodic tenancies. Once the parties formally reach agreement for the grant of a tenancy, a tenancy of some form will then arise. Furthermore, where the negotiations break down, in the absence of any other
PRECEDENTS
This guide can be used to introduce borrowers to, and encourage them to access, Sustainability-Linked Loans (SLLs). Its scope is to accelerate understanding of SLLs and how to access them, improving access to finance while aligning such finance with a company’s
NEWS
Environment analysis: In October 2025, the UK government published their Carbon Budget and Growth Delivery Plan. The Plan aims to comply with the mandates of the Climate Change Act 2008 (CCA 2008), along with 2024 court order, which established that the 2023 carbon budget plan was non-compliant. Strategy to meet the carbon budget is laid out across twelve key sectors, encompassing policy on legislative change and incentives for business, local authorities, and individuals. Written by Francesca Fitzgerald, sustainability & communications coordinator at Ardea International.
Q&As
This Q&A assumes that the legal mortgage is otherwise valid and executed correctly, and the only defect is the failure to register. This question raises the issue of the remedies available in respect of an unregistered mortgage. The creation of an otherwise valid charge by way of legal mortgage, which is not registered, gives rise to an equitable mortgage. This is the effect where form CH1 is used because it meets the requirement of being made
NEWS
Dispute Resolution analysis: The principles of open justice apply to an examination before a master or other judge under CPR 71. Even though it is not itself a ‘hearing’ within the meaning of CPR 39, Master Dagnall held that such an examination should generally be held in public. If a judgment debtor wishes the examination to be held in private the onus is on them to show why there should be such a derogation from the principle of open justice. Written by Sandip Patel QC FCIArb, barrister at 33 Bedford Row and managing partner at Aliant, London.
Q&As
Until recently, the main piece of legislation concerning the constitution and management of English cathedrals was the Cathedrals Measure 1999. However, on 29 April 2021, the Cathedrals Measure 2021 (2021 Measure) was given royal assent and came into force in part on that date. When it comes into force in full it will largely replace the Cathedrals Measure 1999. The 2021 Measure introduces some fundamental changes to the managerial framework and operational
GLOSSARY
A Central Security Depository (CSD) is an entity that enables securities transactions to be processed and settled by book entry, provides custodial services (e.g. the administration of corporate actions and redemptions) and plays an active role in ensuring the integrity of securities issues.
Q&As
Where certain lengths of retaining wall are in such a condition as to be liable to endanger persons using the nearby street, a local authority in whose area the street is situated may, pursuant to section 167(5) of the Highways Act 1980 (HiA 1980), serve notice on the owner or occupier of the land on which that length of wall is, requiring them to execute works to obviate the danger. Pursuant to HiA 1980, s 167(7), where the person required by such a notice to execute works fails to execute the works within the required time period, the local authority may themselves execute the works and recover from that person the expenses reasonably incurred by them in so
Q&As
Where a person has been in factual possession of land owned by another for a specified period and where that person has an intention to possess and the land owner has not consented, he may be entitled to claim to be registered as the owner of that land. This is known as adverse possession (though sometimes is referred to as 'squatter’s rights') and, since 13 October 2003 has been governed by the Land Registration Act 2002 (LRA 2002). Prior
Q&As
Property in England and Wales is held in two manners. Legal ownership relates to the title to the property; in lay terms, in whose name the property is held. However, the legal owner will hold the property on trust for the equitable or beneficial owner. This will often be the same person, but does not have to be. The legal owner can hold a property on trust for themselves, for a third party, or for themselves and a third party. The beneficial ownership can be held as joint tenants (meaning that the beneficial owners each own the whole indivisibly, and on the death of one joint tenant the other becomes the sole