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.
Lewisham Council has launched an intelligence-led taskforce to identify non-compliant landlords through data analysis, local intelligence and targeted...
This week's edition of Property weekly highlights includes: the latest HMLR updates, opening of the Cladding Safety Scheme to buildings under 11...
The Ministry of Housing, Communities and Local Government (MHCLG) has updated its guidance as applications opened for new Cladding Safety Scheme...
HM Land Registry has signed a Memorandum of Understanding (MoU) with Ordnance Survey (OS) to enhance data accessibility in the housing and geospatial...
The Royal Institution of Chartered Surveyors (RICS) has published its artificial intelligence (AI) in commercial property and construction report...
This Practice Note is a horizon scanner tracking key future developments in the field of Property law in England and Wales. It provides details of key...
This Practice Note discusses the statutory right (subject to statutory qualifying criteria) of qualifying tenants of long leases of flats to...
FORTHCOMING CHANGES: there are a number of proposed changes to the leasehold and enfranchisement landscape—for more information, see Practice Note:...
ARCHIVED: This Practice Note has been archived and is not maintained.The Property case tracker is a list of key judgments from 2022 which we consider...
The Property—horizon scanner tracks key upcoming developments of interest to property lawyers. Once a development occurs, it is moved into the archive...
date [date]Parties1[name of Lender] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at]...
Date [date]Parties1[name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at]...
Date [date]Parties1[name of Owner] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at]...
Date [date]Parties1[name of (first) Owner] [and [name of second Owner]] [[both] of OR incorporated in England and Wales (company registration number...
Date [date]Parties1[name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at]...
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 term in a lease that permits the lease to be brought to an end.
The term used to describe the work carried out to a property to make the interior space suitable for occupation, often used in relation to office, retail and restaurant developments, where the shell construction is completed by the developer or landlord, and the interior works by the tenant.
A right or obligation “running with the land” is one that binds successive owners or occupiers of a property, rather than remaining personal to the original parties. In practice, it means that a benefit or burden automatically attaches to the land itself and passes on sale, inheritance or other transfer.
Across the UK and Ireland, the concept most commonly arises in relation to restrictive and positive covenants, easements and servitudes, and certain real burdens and profits. Whether a right or obligation runs with the land depends on its nature (proprietary or merely personal), statutory requirements and case law tests on intention, notice/registration and “touch and concern” of the land.
In England and Wales and Northern Ireland, covenants and easements that meet the relevant common law and Land Registration Act or Land Registration order requirements can run with the land. In Scotland, similar ideas are expressed through real rights such as real burdens and servitudes. In Ireland, the doctrine applies to covenants and easements under common law and registration legislation. Practitioners must check creation, registration and enforceability to confirm that a right or obligation truly runs with the land.