One of the main functions of the trustee in bankruptcy (trustee) is, in accordance with section 305(2) of the Insolvency Act 1986 (IA 1986), to get in, realise and distribute the bankruptcy estate. Early steps must therefore be taken by the trustee to ascertain what assets vest, where they are, how they can be secured, and how they can be realised. This Practice Note looks at the different kinds of property interest that might vest in the trustee and the principles that govern how the extent of that interest is to be calculated. It concentrates on the principles as they apply in the context of the bankrupt's principal place of residence. This will typically be the most valuable single asset in the bankruptcy estate, and it is one where complications are likely to arise, especially where the bankrupt is or was sharing the property with others. In the context of the matrimonial/family home,

A property tort describes a civil wrong that unlawfully interferes with another person’s land or belongings, giving rise to a claim for damages, an injunction, or other remedies. It is not usually a defined statutory term, but a descriptive label used in practice across England and Wales, Scotland, Northern Ireland and Ireland for a group of torts (or delicts in Scots law) affecting property rights.In England and Wales, Northern Ireland and Ireland, property torts commonly include trespass to land, private nuisance, negligence causing damage to land or chattels, and conversion or trespass to goods. In Scots law, the parallel concepts are found principally in the law of delict, such as nuisance and wrongful interference with possession.Key features are: (i) interference with proprietary or possessory interests rather than purely personal interests; (ii) fault-based or, in some cases, intentional conduct; and (iii) remedies aimed at compensation for loss or preventing ongoing or future interference with land or movable property.The concept is practically significant in real estate disputes, construction and development, neighbour disputes, professional negligence causing property damage, and claims involving damage to or wrongful detention of goods.

Selling, buying and leasing property for P A deputy can be involved in a number of different property transactions on behalf of P depending on their circumstances. This can include the sale of property that has become unsuitable for P, the purchase of an alternative property or the rental of accommodation for P, which is often the case pending the finding of a more permanent accommodation solution for P and their family. Standard 6 of the 2023 Deputy Standards Policy, published by the Office of the Public Guardian (OPG), deals with property management and clearly sets out that a deputy must manage P’s property in line with the deputyship order and in P’s best interests. Further detailed guidance on property management is provided in the 2023 Deputy Standards: Guidance for Professional Deputies, also prepared by the OPG. Standard 6 sets out best practice in relation to P’s property. Sale of property Owing to P’s changing care needs, it can be the case that a property becomes unsuitable. In these circumstances, the unsuitable

STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of this revised edition. Purchasers, sellers, landlords and tenants should all be aware of the common law principle ‘caveat emptor’ meaning 'let the buyer beware', as the seller is under no duty to disclose material facts to a prospective purchaser. See Practice Notes: Property—enquiries before contract and Misrepresentation, misstatement and non-disclosure in property matters. However, note that if a seller is seeking to rely on the ‘sold with information’ exclusion under the contaminated land regime in Part IIA of the Environmental Protection Act 1990 (EPA 1990), information will need to be provided. There are a range of environmental issues that could potentially lead to liabilities for parties involved in property transactions and therefore an appropriate level of environmental due diligence is recommended wherever property is changing hands. This Practice Note explores the role of the environmental consultant in advising clients in property

Restructuring & Insolvency analysis: The High Court granted the applications of trustees in bankruptcy for orders under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and section 335A of the Insolvency Act 1986 (IA 1986) that property which the bankrupts legally owned—but asserted was beneficially owned by their daughters, did in fact vest in the trustees and an order for possession and sale should be made. The case highlights the importance of clear, contemporaneous documentary evidence and a consistent case in circumstances where a person wishes to demonstrate that ownership of a property differs to that which is recorded at the Land Registry (or elsewhere). It is also important to adduce evidence from all relevant witnesses in support of your case. Written by Laura Newbery, legal director at Addleshaw Goddard LLP.

Definitions In this Agreement, unless the context otherwise requires: 1 [Certificate(s) of Title means the certificate[s] of title in the agreed form marked 'A' relating to each of the Properties, given at Completion by the Seller's Solicitors and addressed to the Buyer [and [insert the names of any other persons who are to receive the benefit of these certificates];] ] Encumbrance means any mortgage, claim, charge (fixed or floating), pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect) and Encumbrances means more than one of them; Freehold Properties means the freehold properties of the [Company OR Group], described in Part [insert number] of

Definitions In this Agreement, unless the context otherwise requires: 1 Freehold Properties means the freehold properties of the [Company OR Group], described in Part

In this Agreement, unless the context otherwise requires: 1 [Certificate(s) of Title means the certificate[s] of title in the agreed form marked 'A' relating to each of the Properties, given at Completion by the Seller's Solicitors and addressed to the Buyer [and [insert the names of any other persons who are to receive the benefit of these certificates]];] Encumbrance means any mortgage, claim, charge (fixed or floating), pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect) and Encumbrances means more than one of them; Freehold Properties means the freehold properties, described in Part [insert number]

Definitions In this Agreement, unless the context otherwise requires: 1 Freehold Properties means the freehold properties, described in Part [insert number]

Definitions In this Agreement, unless the context otherwise requires: 1 Encumbrance means any mortgage, claim, charge (fixed or floating), pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect) and Encumbrances means more than one of them; Freehold Properties means the freehold properties of the [Company OR Group], described in Part [insert number] of Schedule [insert number] and

1 Definitions In this Agreement, unless the context otherwise requires: Encumbrance means any mortgage, claim, charge (fixed or floating), pledge, lien, hypothecation, guarantee, right of set-off, trust, assignment, right of first refusal, right of pre-emption, option, restriction or other encumbrance or any legal or equitable third party right or interest including any security interest of any kind or any type of preferential arrangement (or any like agreement or arrangement creating any of the same or having similar effect) and Encumbrances means more than one of them; Freehold Properties means the freehold properties, described in Part [insert number] of Schedule [insert number] and

An asset or share purchase agreement will typically include warranties and indemnities given by a seller in favour of a buyer. A warranty is a statement by the seller that a particular fact is true. For example, a seller may warrant that all of the properties have good and marketable title. Property warranties in a share or asset purchase agreement will sit alongside warranties on other areas such as employment and tax or, alternatively, be contained in a separate property schedule appended to the agreement, see Practice Notes: Warranties and indemnities—asset purchase and Warranties and indemnities—share purchase. An indemnity is a contractual obligation on the seller to reimburse the buyer in respect of a designated liability, which may arise in the future. This Practice Note provides a summary of the need for property warranties and indemnities in asset and share purchase transactions, their characteristics, the practical considerations when acting for a buyer or seller and some examples of property warranties. Acting for the buyer Ideally, the buyer should undertake a detailed investigation