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The repository for the Register of Title.
HM Land Registry is staffed by registrars who are responsible for making and updating the Registry of Title. HM Land Registry also discharges a judicial function, resolving disputes over title.
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Option agreements—acting for the buyer—checklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...
Intra-group reorganisation (by share sale)─checklist This Checklist summarises the key steps involved in an intra-group reorganisation by sale of shares of an English-incorporated company to another English-incorporated company and highlights certain issues which may arise for the company as a result of such process. This Checklist does not claim to be exhaustive, as the issues that arise in connection with an intra-group reorgnisation by share sale and the steps involved in the process will vary from one transaction to the next. For a summary of the key issues involved in an intra-group reorganisation by way of an asset sale, please refer to: Intra-group reorganisation (by asset sale)─checklist. Consideration of a corporate reorganisation may also require specialist assistance in property, employment, pensions, intellectual property, information technology, finance and tax matters. Please consider obtaining further guidance on these areas. For further information, see Practice Notes: IP and IT aspects of intra-group reorganisations and Intra-group reorganisations and pensions. Issue Guidance Determining the reorganisation structure and other preliminary considerations (general) Asset purchase or...
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The Land Charges Act 1972 (LCA 1972) provides for certain charges and incumbrances relating to unregistered land to be registered as land charges in the land charges register maintained by the Land Charges Department of HM Land Registry (based at its office in Plymouth). This is an entirely separate register to that for substantive title registration.Land charges protect the interests, in unregistered land, of third parties who do not hold the title deeds to the land and so cannot control when and how the land is disposed of.LCA 1972 also requires HM Land Registry, in addition to the register of land charges, to maintain the following registers:•pending land actions and pending actions in bankruptcy•writs and orders affecting land and writs and orders in bankruptcyThe registers of pending land actions and pending actions in bankruptcy and writs and orders affecting land and writs and orders in bankruptcy can be searched separately when a bankruptcy only search is required (for example, prior to completing a mortgage over land). See Practice Note: Carrying...
Flexible financing arrangements in the commercial real estate market Flexible loan structures Following the financial crisis, the real estate finance market saw a retreat of conventional bank lending and an influx of non-bank lenders (NBLs) including insurers and real estate debt funds. Through 2012 and 2013, the absence of bank lending enabled these NBLs to strengthen their position and become established players in the market. With the return to confidence in the real estate investment market and bank lending from 2014, some NBLs, in particular real estate debt funds, are moving up the risk curve away from the senior debt space. This has resulted in a competitive market for real estate debt across the capital stack. Banks, insurers and debt funds have different strategies and focus on optimum deal size, asset class and loan purpose. Four commonly used flexible loan structures are: • flexible senior loans • stretched senior loans • mezzanine loans, and • preferred equity loans Flexible senior loans Banks have a strong presence in this area along...
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Gift of land—transfer clauses Use HM Land Registry Form TR1 and insert in the panels specified below the wording shown Panel 8—consideration The transfer is not for money or anything that has a monetary value Panel 9—title guarantee This transfer is made [with
Statutory declaration in support of a further application under the Land Registration Act 2002, Sch 6 made two or more years after an initial application has been cancelled I, [name] of [address], do solemnly and sincerely declare that: 1 On [date] I [and my [wife OR husband OR [other]] ] lodged at HM Land Registry an application to be registered as proprietor of the land ('the Blue Land') edged blue on the plan (now produced and shown to me and marked '1') attached to this declaration ('the Plan'). The freehold estate in the Blue Land is registered, together with that of other land, under title [title number of neighbouring property] of which the registered proprietors are [name(s) of owner(s) of neighbouring property] (‘[define by name, eg 'Mr (and Mrs) Smith’]’). 2 As a result of that application, HM Land Registry issued notices to a number of people, including [Mr (and Mrs) Smith], and [Mr (and Mrs) Smith] responded to the notices issued to them by requiring...
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Do I have time to serve an effective break notice, what form should it take and what is the method of service? Scenario A client has just called to tell me that after some last minute management meetings, they would like to give notice urgently to end the lease of their HQ. The break clause states the following: ‘If the Tenant wishes to determine this Lease on the fifth anniversary of commencement of the Term and gives to the Landlord at least 6 months' prior written notice of that wish, then on expiry of the notice the Term is to cease and determine immediately, but without prejudice to any rights or remedies that may have accrued’ The Term commenced on 1 March 2009. It’s 2.30pm on Friday, 30 August 2013. Can I still serve notice effectively and what should I put in my notice? Timing • Determine what is the fifth anniversary of the Term. If the Term commenced ‘on’ (rather than ‘from’ 1 March 2009),...
Does a company’s articles of association override the provisions of the Companies Act 2006 relating to valid execution of a document? For example, if a company’s articles of association stated that all deeds had to be signed by two directors would a deed signed by one director in the presence of a witness be valid execution by that company? Deed There are four key requirements for deeds: • a deed must be in writing • it must be clear from the face of the instrument that it is a deed and is intended to be a deed • the form of execution for a deed will vary depending upon the type of legal person that is executing the deed—execution by a company is discussed below • a deed must be delivered for it to take effect For further guidance, see Practice Note: Executing documents—deeds and simple contracts. Execution by a company Documents executed as deeds must be expressed as being executed by the company. A document...
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HM Land Registry (HMLR) has updated three practice guides: Practice Guide 19—Notices, restrictions and protection of third-party interests, Practice Guide 35—Personal insolvency, Practice Guide 50—Requisition and cancellation procedures.
This week's edition of Property weekly highlights includes: Spending Review 2025, the Law Society’s technical note on physical climate risks following its recently published practice note on climate change and property practice, mandatory solar panels for new homes, an AI tool to accelerate the planning permissions process and cases on town or village greens, common intention constructive trusts, residential service charges and rent repayment orders.
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