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The most extensive estate in land.
A freehold is an estate in land that is not limited in time. It may be brought to an end only by escheat.
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Rights of light—identifying provisions in leases—checklist This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists. A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on its property. The owner of the land that is burdened by the right of light (the 'servient Building') cannot interfere with it without consent. On any proposed development it is therefore necessary to identify any neighbouring properties potentially enjoying a right of light (the 'dominant Building'). For further information regarding rights of light, see the following Practice Notes: • Establishing and maintaining rights of light • Rights of light—obstruction notices • Rights of light claims • Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, which means that a right of light can be acquired for their own benefit and in their own right by those with a...
Submitting a planning application—checklist Has the correct application form been used? If the application is not submitted in the correct form or is not accompanied by the required information, it will be invalid and the local planning authority (LPA) can refuse to validate it. The determination period does not begin until the date that the application is validated. The application must be made using either: • an online form, via the Planning Portal • the standard 1APP form, or • a paper form, downloaded from the relevant LPA’s website See Practice Note: Applying for planning permission—procedure. Have the statutory national information requirements been satisfied? Is the application form accompanied by: • a location plan and a red-line site plan? • any other plans, drawings and information necessary to describe the development? • in England, information relating to the biodiversity gain condition? • completed certificates of ownership, stating any freehold interests, or leasehold interests of not less than seven years? • copies of notices to all owners of the application site?...
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A freehold estate prima facie includes everything directly beneath the surface of the land and the airspace directly above it (ostensibly without limit in either direction, although the absolute nature of this notion has been tempered in recent times). Consequently, two freeholds should not overlap. However, practitioners should be alive to the existence of a ‘flying freehold’: this is a freehold property (or part of it) which overhangs (or ‘flies’ above) another freehold property: the latter property, which projects under the flying freehold property, is sometimes known as a ‘creeping freehold’. Today, a long lease would be granted in such a scenario, but flying freeholds (which may have been created many years previously) still crop up regularly. Examples include:•balconies•archways•part of a property above a passageway in a row of houses or above an accessway which leads to a car park area for a modern courtyard housing development•basement vaultsInspectionA flying freehold may not be obvious from the title deeds (older plans frequently do not show elevations or refer to whether part...
This Practice Note covers the different classes of title which HM Land Registry can award, the circumstances in which each of the four titles (absolute, qualified, possessory or good leasehold) is awarded, the effect of registration with a particular class of title and when the class of title can be upgraded at HM Land Registry. On first registration of an estate in land, HM Land Registry will decide what class of title can be awarded based on the quality of title that they have found on examination of the title deeds and other evidence lodged at the time of first registration. The class of title awarded is then entered into the proprietorship register.Both freehold and leasehold estates can be registered with either:•absolute title•qualified title, or•possessory titleLeasehold estates can also be registered with:•good leasehold titleAbsolute titleWhen is absolute title awarded?Absolute title is awarded if HM Land Registry:•is satisfied that the title to the estate is such that a competent professional adviser would properly advise a willing buyer to accept it, and•in...
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Property warranties and definitions to include in a short-form asset purchase agreement 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 ...
Property due diligence report—share or asset purchase A. Executive summary 1 Scope of review For the purposes of this report we have reviewed the following properties [insert details of the properties], (the ‘Properties’). 2 Basis of the review 2.1 Information relating to the Properties for the purposes of conducting our due diligence exercise and preparing our report has been sourced from the following: 2.1.1 documents provided in the due diligence [data room OR files] as set out in the index in Schedule...
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What is the position of a security holder if the company that created the security is dissolved? This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its security. It also considers the position of a receiver appointed by the security holder prior to the dissolution of the relevant company. Summary If a security provider is dissolved as a matter of English law it is normally still possible for the security holder to enforce the security it holds by exercising the mortgagee’s power of sale. There may be circumstances in any particular case that make an application to restore the dissolved company to the register desirable to protect the security holder’s position. Circumstances where this issue commonly arises The problems associated with a security provider being dissolved while security is in force occur most often in real estate finance and other asset finance transactions. Typically, these issues arise where a special purpose...
How do the provisions of paragraph 4 of Part 1 of Schedule 1 to the Academies Act 2010 impact consideration of whether or not a maintained school can let part of the school premises to a third party for use as a nursery two–four years olds? The Academies Act 2010 (AcA 2010) and regulations made thereunder makes provision for the transfer of land from the local authority to the Academy Trust. While there is power in AcA 2010, Sch 1 Pt 1 to provide for outright transfer, the guidance from the Department for Education in its document, Land Transfer Advice (April 2013) is that in the vast majority of cases the transfer will be by way of a 125-year lease to the Academy Trust, thus preserving the public land. It is usually only in those cases where a school already owns their own land prior to conversion to an academy that there will be a transfer of the freehold. The general power of a local authority to make disposals of...
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HM Land Registry (HMLR) has updated three practice guides: Practice Guide 26—Leases: determination, Practice Guide 27—The leasehold reform legislation, and Practice Guide 64— Prescribed clauses leases.
This week's edition of Insurance & Reinsurance weekly highlights includes: HDI reaches settlement on planes stranded in Russia; AerCap says insurers are on the hook for stranded planes; AerCap says sanctions don’t excuse insurers for lost jets; Steakhouse settles with QIC Europe over COVID-19 payout; NFU Mutual denies liability in £10m COVID-19 loss dispute; Insurers challenged over furlough cuts on COVID-19 claims; the cases of Wyllie and others v Joseph and others and Birley & Anor v Heritage Independent Living Ltd; Hotel group Brittania settles with Aviva over £6.2m payout; FCA sends portfolio letter to wholesale brokers; IAIS publishes roadmap 2025–2026; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
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