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Q&As
Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?When...
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Produced in partnership with of
2nd Mar
Practice notes
Mortgagee in possessionThis Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to...
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2nd Mar
Practice notes
Rectification—mutual mistakeRectification is an equitable remedy by which the court can correct an error of expression where a written document does...
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2nd Mar
Practice notes
Claims for use and occupation, mesne profits, double rent and double valueThis Practice Note provides guidance on claims for ‘use and occupation’ or...
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2nd Mar
Practice notes
Order for sale—next steps after obtaining an order for saleThis Practice Note provides guidance as to conducting the sale under an order for sale...
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1st Mar
Practice notes
Notice to completeWhile this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is...
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1st Mar
Practice notes
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It normally...
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Produced in partnership with Professor M.A, D.Phil, DCL, Oxford of
1st Mar
Practice notes
Successors in title—leasesThe meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of...
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2nd Mar
Practice notes
Surrender by operation of lawA surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is...
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1st Mar
Practice notes
What happens to an underlease on termination of the lease?The general common law principle is that when a lease comes to an end any underlease...
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1st Mar
Practice notes
Estoppel and property lawThis Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of...
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2nd Mar
Practice notes
Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an...
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2nd Mar
Q&As
Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?The Party Wall etc Act 1996 (PWA...
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Produced in partnership with Kevin Leigh of No 5 Chambers
2nd Mar
Practice notes
Breach of Missives—remedies in ScotlandMissivesThe most common form of contract in Scottish property transactions are missives of sale, see for...
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Produced in partnership with Alistair Drummond, Tony Holloran, Vladimir Kucera and Scott Traynor of DLA Piper Scotland LLP
1st Mar
Q&As
A rent deposit paid under a commercial lease is to be held on trust and the deposit entitles but does not require the landlord to withdraw from it in...
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Produced in partnership with of
2nd Mar

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