About Property Law
Property is one of the most complex areas of law. Some of it is rooted in ancient laws – but case law is constantly changing. The stakes are high, but research time is in short supply. Lexis+ Property brings all of the different sources you need together so you can find the answers you need, fast.
Transferring property
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.
Leasing property
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.
Property development
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.
Property disputes
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.
Topics We Cover
Latest Property News
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...
Latest Property Practice Notes
Property key future developments trackerOnce a development occurs, it is then moved to the relevant archive:•Property key future developments...
Knowing receipt and dishonest assistance claimsIntroductory observationsClaims for knowing receipt (sometimes also known as ‘unconscionable receipt’)...
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...
Latest Property Precedents
Service Occupancy—EnglandDate [date]Parties1[name of Employer] [of OR incorporated in England and Wales with company registration number [number]...
Utilities fair usage clause—commercial property lease—all-inclusive rent1The parties acknowledge that the [Annual Rent OR annual rent OR [other...
Sustainable Soil Management Obligations (The Chancery Lane Project)This Precedent on Sustainable Soil Management Obligations is a set of sustainable...
Commercial Lease: Alterations (improve environmental performance)—(The Chancery Lane Project)These precedent green clauses are for insertion into a...
Green Residential Lease Clauses (The Chancery Lane Project)These Precedent green clauses are for insertion into a long residential lease to require...
Latest Property Q&As
Featured Property content
Severance of a joint tenancy...
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?...
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 transfers...
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
Resulting trusts...
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 leases...
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:...
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 ...
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 permissions...
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....
Land registration—overriding interests, occup...
Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Lease surrenders...
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...
A chargor (an individual) is granting a legal charge to a chargee (a company). Can an employee ...
Profits à prendre...
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 law...
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 land...
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
Pre-completion searches...
Pre-completion searchesThis Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including...
Cautions against first registration...
Cautions against first registrationA caution against first registration (referred to as a ‘caution’ throughout this Practice Note) is a means of...
Land charges under the Land Charges Act 1972—...
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 assignments...
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...
Associated legal terms
Disponee
The party to a transaction who receives an interest in land from the other party.
Foundation writ
The last title to the property which was recorded in the Register of Sasines prior to a period of ten years before the date of settlement of the current transaction, with which the examination of title begins
Interim interdict
A temporary interdict (equivalent to an injunction) granted by the court which remains in place while a full hearing on the merits of the case is awaiting
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