Estate in Land in UK Law

  • Limited Partnerships Cannot Hold Property
    • Mondaq UK
    ...... As an LP is not a legal entity, it cannot hold a legal estate in land in the name of the LP. The legal owners of the LP's property may ......
  • Closing the registration gap
    • JD Supra United Kingdom
    In late 2016 the High Court decided that a purchaser was bound by an easement granted by his sellers, without his permission, after he had purchased his land from them. That decision caused conside...
    ...... by his sellers, without his permission, after he had purchased his land from them. That decision caused considerable unease. Accordingly, it will ... the grant of an easement amounted to the conveyance of a legal estate;. . the Farm Land was held on trust for Mr Craggs; and. . the ......
  • Wind Farms - Renewable Energy And Property Law
    • Mondaq United Kingdom
    ...... waters comprise those areas of tidal water that lie on the landward side of any base line. A baseline is generally the low water mark around ... Housing Trust characteristic of a lease that it should create an estate in land. If the requirements of a lease are met, namely that there should ......
  • 'Subject To Contract' - Is It Necessary?
    • Mondaq UK
    ...... binding contracts had been exchanged for the sale and purchase of land - even though this was not the parties' intention. That situation improved ... it only applies to contracts for the sale, lease or other legal estate in land. If you are negotiating a licence rather than a lease or a sale ......
  • Short Term Lets - Landlords Should Apply Caution!
    • Mondaq United Kingdom
    ...... may be expressed or implied but they are often difficult to distinguish from a licence to occupy.  A tenancy at will does not grant an estate in land and they are often used where the parties are in negotiation for a lease to be granted for a fixed term and want to document short term ......
  • Closing The Registration Gap
    • Mondaq UK
    ...... by his sellers, without his permission, after he had purchased his land from them. That decision caused considerable unease. Accordingly, it will ... the grant of an easement amounted to the conveyance of a legal estate; the Farm Land was held on trust for Mr Craggs; and the proceeds of the ......
  • Give Me a Break! Pitfalls to Avoid When Drafting and Exercising Break Rights
    • JD Supra United Kingdom
    Bringing a lease to an early end is not without its problems. There are countless examples of break clauses which have been disputed in court and the resulting decisions can often be unexpected. Ov...
    ...... often heavily negotiated – they are carefully considered by landlords and tenants as well as their professional advisers. Indeed, this is one of ... ever to appreciate that limited partnerships cannot hold a legal estate in land. More generally however, the case illustrates that care should be ......
  • An Overriding Omnishambles: Recent Break Clause Developments
    • Mondaq UK
    ......The lease contained a landlord's break option allowing termination on not less than six months' notice. ... have a separate legal personality and therefore cannot hold a legal estate in land. Therefore, on the face of it, Vanquish Properties (UK) Limited ......
  • An overriding omnishambles: Recent break clause developments
    • JD Supra United Kingdom
    Two recent cases provide salutary lessons in how to serve break notices and also in how to draft them. The firmament of break clause cases has been so enriched in recent years with cases such as M&...
    ......The lease contained a landlord's break option allowing termination on not less than six months' notice. ... have a separate legal personality and therefore cannot hold a legal estate in land. Therefore, on the face of it, Vanquish Properties (UK) Limited ......
  • Property & Insolvency - September 2010
    • Mondaq United Kingdom
    ...... due to economic factors or otherwise, applications received by landlords for consent to assign a lease of office or retail premises are regular ... that the debtor is the registered proprietor of any registered estate in land, the Land Registry is required to register a notice in respect of ......
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