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Issues to consider when buying agricultural land

Issues to consider when buying agricultural land Physical extent, boundaries, rights, etc • Does the sale plan correspond with: ◦ the evidence contained in the title deeds, and ◦ the actual boundaries of the property as shown by fences, walls, ditches, rivers, streams, etc or as disclosed by the seller in replies to enquiries? For further guidance, see Practice Note: Property boundaries. • Is a new boundary being created as a consequence of the sale? Has it been accurately marked out on the ground, and do the plans accurately reflect its position? Who is responsible for creating it and/or subsequently maintaining it? • Is defective title indemnity insurance required? If so, who is to obtain it and pay for it? For further guidance, see: Defective title insurance—checklist. • Are mines and minerals included in the sale? For further guidance, see Practice Note: Manorial rights. • Are sporting rights included in the sale? For further guidance, see Practice Notes: Profits a prendre and Riparian owners and fishing rights. • Does the...

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Contaminated land—who may be liable?

Who may be liable?Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990). An 'appropriate person' is any:•person who causes or knowingly permits contaminating substances to be in, on or under the land in question (Class A), or•owner or occupier of contaminated land, but only where a Class A person cannot be found (Class B)See Practice Note: Contaminated land—identifying Class A and B appropriate persons.Where contaminated land is identified, the enforcing authority must serve a remediation notice on each 'appropriate person' specifying what they must do by way of remediation. Where there are two or more appropriate persons, liability is apportioned between the parties in accordance with the statutory guidance—see Practice Note: Contaminated land—process for determining liability.Where there is no appropriate person, the enforcing authority will need to determine who should pay for remediation. In most cases, the costs of an orphan linkage will be borne by the public purse—see Practice Note: Contaminated land—orphan linkages.According...

Repair and dilapidation disputes—commercial leases in Scotland

Repair and dilapidation disputes—commercial leases in Scotland This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary repairs, interim dilapidations, remedies for breach of repairing obligations by either landlord or tenant, the extent of repair obligations and the obligation to make payment in respect of repairs upon termination of a commercial lease. For main judicial and non-judicial remedies in the context of landlord and tenant disputes in Scotland generally, see Practice Note: Remedies in landlord and tenant disputes—Scotland. Interpreting repair obligations in commercial leases The repair clause within a lease will set out the respective liabilities and obligations of the landlord and tenant in respect of the premises let and any common parts of the property, of which the premises form part. In practice, parties and their solicitors will negotiate the apportionment of liability for repairs, and clear wording is required to transfer liability for repairs from the landlord to the tenant. Care should also be taken when defining...

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Transfer of part of a registered lease

Transfer of part of a registered lease Precedent transfer This precedent gives suggested wording for Form TP1 in the rare circumstances of a leasehold assignment of part. Assignments of part are unpopular with landlords because the consequent fragmentation of the tenant covenants inevitably makes it harder and costlier for the landlord to collect rent, enforce the covenants and otherwise manage the property. See Practice Note: Assignment of part of the demised premises. Form TP1 must be used where the assignment is of part of a registered lease, or of part of an unregistered lease that has more than seven years left to run. An adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link: Apportionments On an assignment of part, the tenant and assignee should agree to apportion: • the rent payable under the lease; • any other amounts payable under the lease (insurance, service charge etc); and • the responsibility for any other covenants that are non-attributable to the various parts...

Service charge retention pending final apportionment

Service charge retention pending final apportionment Service charge retention pending final apportionment 1 Definitions Current Year • the Service Charge year in which Actual Completion occurs; Retention • £[amount]; Service Charge • the service charge payable under the Lease. 2 Service Charge Retention 2.1 The Seller and the Buyer acknowledge that the amount due in respect of the Service Charge for the Current Year has not been [finalised OR certified OR finally determined]. 2.2 The Seller’s Solicitors must retain the Retention from the Price and [hold it as stakeholder OR place it in a joint deposit account at [name] Bank plc in the names of the Seller’s Solicitors and the Buyer’s Solicitors] for the period from Actual Completion until the earlier of: 2.2.1 the date on which payment is made under clause 2.5; or 2.2.2 the expiry of the period specified in clause 2.6. 2.3 Interest on the Retention belongs to the [Seller OR Buyer OR parties equally]. 2.4 Once the Service Charge for...

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Have remedies under section 121 of the Law of Property Act 1925 been removed in relation to a modern ‘service charge’ type charge payable by owners on an estate (eg a typical newbuild type estate where there might be common areas, etc paid for collectively by way of variable charge, payable by positive covenant). Are these estate rentcharges?

Have remedies under section 121 of the Law of Property Act 1925 been removed in relation to a modern ‘service charge’ type charge payable by owners on an estate (eg a typical newbuild type estate where there might be common areas, etc paid for collectively by way of variable charge, payable by positive covenant). Are these estate rentcharges? The Leasehold and Freehold Reform Act 2024 (LFRA 2024) amended the Law of Property Act 1925 (LPA 1925) and introduced a new concept of a ‘regulated rentcharge’ (LFRA 2024, ss 113(2) and 124(2)(a) and LPA 1925, s 120A(1)). A ‘regulated rentcharge’ is any rentcharge of a type that could not be created under section 2 of the Rentcharges Act 1977 (RcA 1977)—see LPA 1925, s 120A(1) and Practice Note: Rentcharges—apportionment, termination and enforcement (which refers to ‘regulated rentcharges’ as ‘Historic Rentcharges’). On and from 27 November 2023, remedies under LPA 1925, s 121 are no longer available in relation to a ‘regulated rentcharge’ (LPA 1925, s 121(1A) and LFRA 2024, s 113(5))....