This topic includes a suite of Practice Notes and Precedents covering all aspects of the process of buying and selling land, including conditional contracts and contracts entered into by insolvency practitioners.
Commercial property is a staple for many property lawyers. Coronavirus has introduced changes for landlords and tenants – we’ve taken them and published a suite of precedent Pandemic lease clauses.
We have a broad range of Practice Notes and Precedents for this specialised and complex area. Structured logically – site acquisition, vacant possession, structuring a development project, overage, and rights of light.
Clear, concise practice notes have direct links to relevant cases, legislation, guidance and commentary. Our daily news feeds and weekly highlights keep you informed of new cases, and legislation.
Planning analysis: This article examines the proposed implementation of biodiversity net gain (BNG) requirements for nationally significant...
HM Land Registry has updated Practice Guide 74—Searches of the index of proprietors’ names. Section 2 has been amended to remove ambiguity regarding...
Restructuring & Insolvency analysis: The director of a company appealed against an order requiring him to deliver possession of a residential property...
This week's edition of Property weekly highlights includes: cases on the Contracts (Rights of Third Parties) Act 1999, equitable accounting by a...
The Ministry of Housing, Communities and Local Government (MHCLG) has issued an updated notice clarifying its position following the First-tier...
Flooding—Law Society practice note on flood riskThe Law Society first issued its practice note on flood risk on 23 May 2013 due to the increasing risk...
Pre-contract searchesIntroductionThe underlying principle in property transactions is ‘caveat emptor’ or ‘let the buyer beware’. In other words, the...
LURA Part 11—disclosure of interests and dealings with landPart 11 of the Levelling-up and Regeneration Act 2023 (LURA 2023) provides for yet another...
Contracts for the sale of land—formation, signature and variationThis Practice Note looks at the requirements of the Law of Property (Miscellaneous...
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Lease of a rooftop area to an electronic communications operator—new codeHM Land Registry Prescribed Clauses[LR1. Date of the lease[date]LR2. Title...
Report on title—development site acquisition—main report (Scottish heritable property)To: The [directors OR partnership][Insert the Buyer’s name,...
Template completion statement—sale of propertyThis Precedent is an adaptable Word template, which can be saved, downloaded or printed from this...
Statutory Declaration in support of an application to HM Land Registry to remove reference to a lease forfeited for a breach of covenant other than...
Statutory declaration in support of an application for alteration of the register based on claimed adverse possession before first registration of the...
Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...
What is a certificate of title?A certificate of title (also known as a certificate on title) is a particular species of report on title.When...
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
Resulting trustsResulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are...
Reversionary leasesReversionary leases (or future leases) are granted to take effect in possession at a future date. This Practice Note looks at:•when...
The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
Easements—LPA 1925, s 62 and permissionsSection 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device....
Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Lease surrendersWhat is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant to bring the lease to an end...
Profits à prendreIntroduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land....
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
Cautions against first registrationA caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of...
Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
Sub-sales and assignmentsA sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell...
A tenancy regulated by the Landlord and Tenant Act 1954.
The Commercial Property Standard Enquiries (CPSEs) are a suite of industry-standard pre-contract enquiries for commercial property transactions prepared by the London Property Support Lawyers Group and endorsed by the British Property Federation, comprising enquiries before contract for common transactions and requisitions on title (known as Solicitor’s Completion Requirements or SCR).
A form of diligence available to heritable creditors by which moveable goods are impounded as a preliminary to their public sale in satisfaction of a court judgement in the heritable creditor's favour—the word is pronounced 'pin-ding'