This Practice Note sets out the general principles applicable when dealing with an application for a property adjustment order in financial order proceedings, including property adjustment and sale of property orders. It sets out the definition of property, guidance on valuing property including expert evidence and orders that may be made by the court, including for the benefit of children. It also provides guidance on dealing with third party interests in property, taxation issues and the variation of nuptial settlements. Orders that may be made by the court Under section 24(1) of the Matrimonial Causes Act 1973 (MCA 1973) and its Civil Partnership Act 2004 (CPA 2004) equivalent the court has the power to make one or more of the following property adjustment orders: • an order that a party to the marriage or civil partnership shall transfer to the other party, to any child of the family or to such person as may be specified in the order for the benefit of such a child, such property as may be so specified, being property to which the first

This Practice Note provides practical guidance on procedural issues relating to an application for a property adjustment order in financial order proceedings, including orders for transfer and for sale. It considers the court’s ability to make an interim order, how to deal with a property that is subject to a mortgage, the execution of documents, and the interaction between transfer of property orders and sale of property orders. It also sets out guidance on drafting the terms of the order. The general procedural requirements on an application for an order in relation to property are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, together with FPR 2010, PD 9A. For practical guidance on the procedural aspects of financial order proceedings generally see: Financial provision—practice and procedure. Interim orders The general approach of the courts is that an interim order, including an order in relation to property, should not pre-empt the outcome of the substantive proceedings. Wicks v Wicks is authority that the court may not make an interim

Property and Property Disputes analysis: This News Analysis provides a round-up of key developments in the field of Property and Property Disputes in England & Wales in 2025 and looks ahead to what’s coming up in 2026. This edition focuses on business tenancies, the Leasehold and Freehold Reform Act 2024, residential tenancies, building safety, service charge and outgoings, commonhold, electronic communications, contractual controls on land, adverse possession, investigating title, the ‘Etridge’ protocol, energy performance and business rates.

The principles The decision maker must firstly consider the principles as set out in section 1 of the Mental Capacity Act 2005 (MCA 2005), namely: • the vulnerable person (P) must be assumed to have capacity unless it is established that P lacks capacity • P is not to be treated as unable to make a decision unless all practicable steps to help P to do so have been taken without success • P is not to be treated as unable to make a decision merely because P makes an unwise decision • an act done, or decision made, under MCA 2005 for or on behalf of a person who lacks capacity must be done, or made, in their best interests • before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be effectively achieved in a way that is less restrictive of P's rights and freedom of action The first three principles

FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and Office of the Public Guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA;

This Practice Note contains a general overview of what a lasting power of attorney (LPA) for property and financial affairs is and how this is relevant to a local authority practitioner. It considers the impact on the provision of services and care to incapacitated individuals; circumstances where there is no attorney appointed, where you may be considering taking on this role and where applications to the Court of Protection may be necessary. It also reviews other duties a local authority may have to an incapacitated individual. Finally, this Practice Note contains a summary of financial safeguards including considerations of financial abuse. What is a property and financial affairs LPA? This type of power of attorney (LPAPFA) specifically relates to the management of someone’s finances if they lack the mental capacity to manage their own affairs. A donor (that is, the person making the power of attorney) can appoint one or more persons to act on his behalf (called

This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes publication of the Third Edition of the Standard Commercial Property Conditions, settlement of the EMI appeal relating to the ability of tenants to assign to guarantors, the Vivienne Westwood case regarding penalties in side letters, the Newbigin case on business rates, the new minimum energy efficiency requirements, the forthcoming 4th Edition of the RICS code of practice for commercial service charges and developments in the residential sector. Also included are updates on LexisNexis®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Transferring property/Contracts What happened? The Third Edition of the Standard Commercial Property Conditions (the 3rd Edition) was published on 27 April 2017. What are the practical implications? The new conditions are an update to the Standard Commercial Property Conditions (Second Edition) (the 2nd Edition), which came into force in June 2004. They are intended to reflect

The properties owned by a company can be acquired by one of two methods: • a purchase of assets owned by the company (an asset purchase), or • a purchase of shares in the company (a share purchase) Asset purchase On an asset purchase: • the buyer acquires the business as a going concern and is able to pick and choose which parts of the business, together with its assets and liabilities it acquires • all of the properties owned, used or occupied by the business must be conveyed, assigned or transferred to the purchaser in the sale documentation Properties may either be sold in their entirety or a new lease may be granted to the buyer. Where a leasehold interest is involved (whether already in existence or newly created) particular points arise. For more information, see Practice Note: Leasehold property issues arising on an asset purchase. The properties will be referred to in the sale agreement and it will be the property interests themselves that are transferred as

1 The following information shall be disclosed or deemed disclosed to the Buyer: 1.1 all information and matters which would be revealed by searches or enquiries of the Land Registry or the Land Charges Registry or any

A PAIF is an open-ended investment company (OEIC), which: • has a business portfolio comprising predominantly real property or shares in UK REITs or non-UK REIT-type entities • meets a number of other conditions as to its ownership, funding and business activities, and • has notified HMRC that it wishes to be subject to the PAIF regime

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title plans, the proper approach to analysing the title documents and plans, and when and how to apply legal presumptions. It also explains how precise boundaries can be fixed by agreement or by application to HM Land Registry or to the courts. General boundaries rule All boundaries shown on HM Land Registry title plans are subject to the general boundaries rule. A general boundary does not indicate the exact legal boundary. This means that the precise line of a boundary is undetermined unless the parties enter into a boundary agreement and/or an application is made for it to be fixed. In Drake v Fripp, it was emphasised that a title plan shows only a general boundary and cannot show the precise boundary between two properties. There is no specific level of tolerance or ‘margin of error’ and there is no limit to the amount of land that can fall within the scope of the general boundaries

ARCHIVED: This Practice Note has been archived and is not maintained. The Property case tracker is a list of key judgments from 2020 which we consider to be relevant to property lawyers. Cases are listed in reverse chronological order. The tracker employs the following definitions: • AST: assured shorthold tenancy; • FTT: First-tier Tribunal; • HMO: house in multiple occupation; • NPPF: National Planning Policy Framework; • RRO: rent repayment order; • RTM: right to manage; • TCC: Technology and Construction Court; • UT: Upper Tribunal (Lands Chamber); • VTE: Valuation Tribunal for England See also the Property key future developments tracker, which tracks the progress and outcome of appeal cases, whereas this document provides a summary of all cases that we consider relevant to property lawyers. See further: Property case tracker—2021. December 2020 ​Case ​Judgment date ​Summary ​R (on the application of Day) v Shropshire Council and another [2020] EWCA Civ 1751 ​23 December 2020 ​Trusts