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.
HM Land Registry (HMLR) has updated five practice guides: Practice Guide 11—Inspection and application for official copies, Practice Guide 19—Notices,...
This week's edition of Property weekly highlights includes: a Supreme Court decision on Japanese knotweed, a Court of Appeal decision on town or...
The Supreme Court has unanimously allowed the appeal in Davies v Bridgend County Borough Council [2024] UKSC 15, holding that, in consideration of the...
HM Land Registry (HMLR) has published a blog post providing information to conveyancers regarding restrictions on a property title. The blog post...
HM Land Registry (HMLR) has updated two practice guides: Practice Guide 43—Investigation or enforcement proceedings (court, insolvency, tax):...
Legal versus equitable security interestsLenders will often take security as support for a borrower's obligations under a loan. Taking security means...
Environment (Wales) Act 2016—snapshotThe Welsh Government introduced the Environment (Wales) Bill (E(W) Bill) on 11 May 2015. The Environment (Wales)...
Agricultural holdings in Scotland—subsidy rightsThe administration of the present EU agricultural subsidy schemes in Scotland is in disarray due to...
Agricultural tenancies—rights of successionStatutory rights of succession in relation to an agricultural tenancy only exist if the Agricultural...
A summary of the Renting Homes (Wales) Act 2016A simpler way to rent property in WalesThe Renting Homes (Wales) Act 2016 (RH(W)A 2016) received Royal...
Report on title—occupational lease report for leasehold occupierLease of [name of Property] (the Property)[Schedule [number]]Landlord: [details] (the...
Deed of assignment of the benefit of a contract for saledate [date]Parties1[name of Assignor] [of OR incorporated in England and Wales (company...
Short form property management agreementThis agreement is made the [insert date] day of [insert month and year] Between [owners of property] of...
Long form property management agreementdate [date]parties1[name of the Company] [of OR incorporated in England and Wales with Company registration...
Discharge of Standard SecurityWe, [insert name of Lender], a company incorporated in [Scotland OR England and Wales] under the Companies Acts with...
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 deed for applying real burdens and servitudes to a number of different properties within a development introduced by section 32 of the Conveyancing (Scotland) Act 1874. Deeds of condition ceased to have a separate statutory basis on 28 November 2004 but the term is still commonly used for the constitutive deed applying community burdens and servitudes to housing or other property developments
Property sold with vacant possession must be empty of existing tenants or other occupiers (whether or not occupation is authorised), and all goods and rubbish (subject to the de minimis rule) that substantially prevent or interfere with the enjoyment of a substantial part of the property on or before completion.