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.
The UK Green Building Council (UKGBC) has provided guidance on addressing operational carbon emissions in buildings, explaining the causes of these...
This week's edition of Property weekly highlights includes: cases on repudiatory breach of a lease, service of a gas safety certificate, EPC and how...
Property Disputes analysis: Landowners need to carefully consider which is the relevant operator for the purposes of terminating agreements relating...
The Scottish Government has published the response to its 2023 Energy Performance Certificate (EPC) reform consultation, confirming plans to introduce...
HM Land Registry (HMLR) has updated two practice guides: Practice Guide 26—Leases: determination and Practice Guide 68—Amending deeds that effect...
Overriding easements and other rightsIntroductionSection 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and...
Property—new starter guideThis is an introductory guide to non-contentious property law and practice. It is aimed at trainees and others who are new...
Part 26A restructuring plans: history, rationale and scopePart 26A restructuring plans (RPs) have been available from 26 June 2020 under the Corporate...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Land registration—fraud and identity checksThis Practice Note covers the requirements of HM Land Registry (HMLR) for evidence of identity to be...
Confidentiality letter—know-how[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][Insert address of recipient]Date:...
Long form property management agreementdate [date]parties1[name of Owner] [of OR incorporated in England and Wales (company registration number...
Deed of covenant to be bound by existing overage covenantsDate [date]Parties1[name of Covenantor, ie party giving the covenant] [of OR incorporated in...
Legal charge to secure overage paymentsDate [date]Parties1[name of Buyer] [of OR incorporated in England and Wales (company registration number...
Specific clauses for transfers—indemnity covenantPanel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Document...
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...
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....
The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisionsThe Standard Conditions of Sale (SCS), currently in their...
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...
Title guarantee and covenants for titleOn the disposition of a property (whether by way of conveyance, transfer or charge), the party making the...
Land charges—registration and purposeLand charges are registered to protect the interests, in unregistered land, of a person who does not hold the...
Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...
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...
Legal mortgages and legal chargesThe terms ‘mortgage’ and ‘charge’ are often used as though they are interchangeable. Strictly speaking, they are not....
Indemnity covenants in property transfersThis Practice Note looks at when an indemnity covenant should be given in a transfer of land. For general...
Occupiers and overriding interestsOverriding interests are interests which are binding on property even though they are not shown on the register....
Concurrent and reversionary leasesThere can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a...
Implied easements—common lawThere are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in...
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...
Contracts for the sale of land—formation, signature and variationIntroductionA contract for the sale, or other disposition, of an interest in land is...
Carrying out bankruptcy searches at the Land Charges DepartmentIntroductionThis Practice Note looks at the circumstances in which a bankruptcy search...
Guide to executing deeds and documents in property transactionsThis Precedent sets out precedent execution clauses for the types of entities most...
A term in a lease that permits the lease to be brought to an end.
A type of real burden created by section 25 of the Title Conditions (Scotland) Act 2003 (TC(S)A 2003). Where the same or similar real burdens are imposed on two or more units and each of those units is in relation to some or all of those burdens both a benefited and a burdened property, the real burdens will be known as 'community burdens'
The transfer of beneficial interests from land to the proceeds of sale.