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The most extensive estate in land.
A freehold is an estate in land that is not limited in time. It may be brought to an end only by escheat.
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Solar (PV) farms—checklist This checklist can be used by landowners including farmers and local authorities who are considering a solar farm project. • Levels of irradiance Is the land in an area of the UK with high irradiation? The South West, the South, South Wales and East Anglia are best. Solar farms are also suitable in the Midlands and the North albeit with lower levels of irradiance. North Scotland is the least suitable. • Grid connection Is there an existing electricity substation nearby for connectivity to the grid? The distribution network operator should be contacted at an early stage for a quote. • Suitable land ◦ What is the site area? Typically at least ten hectares is required. ◦ Are there any surrounding environmental, geographic or geological factors that might have an effect on the solar array? If possible, aerial photos should be obtained. ◦ Is the site within or adjacent to a designated landscape such as an Area of Outstanding Natural Beauty or National Park? ◦ Is the land...
Directors’ due diligence questionnaire and guidance before swearing a statutory declaration of solvency for a members' voluntary liquidation Why do the directors need to conduct due diligence? When taking steps to prepare a company for winding-up, a number of matters need to be addressed. This Checklist sets out some of the matters the directors should investigate prior to swearing a statutory declaration of solvency for the purpose of placing a company into members’ voluntary liquidation. A full enquiry of the company’s assets and liabilities must be carried out so that the directors can satisfy themselves that the company will be able to pay its debts in full, together with interest at the official rate, within no more than 12 months from the commencement of the winding-up. This issue becomes paramount where an early distribution of assets to members takes place, as any unexpected liabilities could lead to claims being made against the company and possibly the liquidator. Therefore, the liquidator may require shareholders to provide an indemnity, particularly if an...
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A freehold estate prima facie includes everything directly beneath the surface of the land and the airspace directly above it (ostensibly without limit in either direction, although the absolute nature of this notion has been tempered in recent times). Consequently, two freeholds should not overlap. However, practitioners should be alive to the existence of a ‘flying freehold’: this is a freehold property (or part of it) which overhangs (or ‘flies’ above) another freehold property: the latter property, which projects under the flying freehold property, is sometimes known as a ‘creeping freehold’. Today, a long lease would be granted in such a scenario, but flying freeholds (which may have been created many years previously) still crop up regularly. Examples include:•balconies•archways•part of a property above a passageway in a row of houses or above an accessway which leads to a car park area for a modern courtyard housing development•basement vaultsInspectionA flying freehold may not be obvious from the title deeds (older plans frequently do not show elevations or refer to whether part...
This Practice Note covers the different classes of title which HM Land Registry can award, the circumstances in which each of the four titles (absolute, qualified, possessory or good leasehold) is awarded, the effect of registration with a particular class of title and when the class of title can be upgraded at HM Land Registry. On first registration of an estate in land, HM Land Registry will decide what class of title can be awarded based on the quality of title that they have found on examination of the title deeds and other evidence lodged at the time of first registration. The class of title awarded is then entered into the proprietorship register.Both freehold and leasehold estates can be registered with either:•absolute title•qualified title, or•possessory titleLeasehold estates can also be registered with:•good leasehold titleAbsolute titleWhen is absolute title awarded?Absolute title is awarded if HM Land Registry:•is satisfied that the title to the estate is such that a competent professional adviser would properly advise a willing buyer to accept it, and•in...
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Contract for sale (residential)—freehold, vacant possession Date [date] Parties 1 [name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([together] Seller) 2 [name of (first) Buyer] [and [name of second Buyer] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([together] Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; Buyer’s Solicitors • [name] of [address] reference [details]; [Charge[s] • the charge[s] appearing at entry number [number] [and [number]] in the charges register of title number [number] as at [date of official copy entries];] Completion Date • [date]; [Contents • the items listed in Appendix 1;] [Contents Price • [amount in words] pounds (£[amount in figures]);] Deposit • [number]% of the Price; Documents • the documents identified in Schedule 2;...
Transfer for sale by administrator Precedent Transfer An adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the link on this page. Drafting notes to precedent transfer General The references to 'Panels' in these drafting notes are to the panels in HM Land Registry form TR1. The TR1 is the form of transfer of the whole of freehold or leasehold land prescribed by the Land Registration Rules 2003. Form TR1 may also be used for transfers of the whole of unregistered land if the disposition will attract compulsory registration or if the transferee is certain that a voluntary application for registration will be made. It is sometimes requested that the administrator should give a receipt for the purchase price, but this is both unnecessary and inappropriate as administrator has express power to give receipts in the company's name. You should accordingly place a ‘X’ in the first box in Panel 8 of the transfer (Consideration) to acknowledge receipt of...
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If a local authority intends to grant a lease of an Asset of Community Value for a term of 15 years, is this disposal a 'relevant disposal'? Is it caught by the Assets of Community Value regime? Does the authority have any notification responsibilities? Part 5 of the Localism Act 2011 (LA 2011) enacted various provisions relating to community empowerment. This included by chapter 3 a requirement that a local authority maintains a list of land in its area that is land of community value (LA 2011, s 87). Such land is a building or other land in the local authority’s area which, in its opinion, the actual current use of that land furthers the social wellbeing or social interests of the local community, and it is realistic to think that there can continue to be non-ancillary use which will so further those interests; or it was such in the recent past and it is realistic to think that within the next five years there could be again. By LA...
Would the purchaser of a freehold interest subject to a residential student tenancy be able to enforce a parental guarantee, where the definition of the term landlord in that guarantee does not refer to the landlord’s successor-in-title? The main interests of a landlord letting a property (and perhaps particularly a student property) are in the rent being paid and the property not being damaged and being kept in good repair. While the primary obligation to comply with the terms of the tenancy agreement are of course the tenant’s, it will often be the case that a landlord will require a guarantee so that if the tenant defaults, there is a third party the landlord can look to for recourse. In the case of a student letting this will usually be a parental guarantee. Ordinarily, a guarantee will take the form of a contract (usually by deed) between the landlord and the guarantor, with no privity of contract between the guarantor and the tenant. As such, in order for an incoming...
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This week's edition of Property weekly highlights includes: publication of the second edition of the RICS service charge standard, pausing of the Law Society’s work on the material information form and publication by the Law Society of supplementary FAQs on its climate change and property practice note and cases on residential service charge, disclaimer and AGAs, HMOs, boundary determination, vesting orders on insolvency and stamp duty land tax.
This week's edition of Property Disputes weekly highlights includes commentary on the justification for continuing injunctions against unknown persons in car-cruising nuisances cases, the granting of possession orders and injunctions to Cambridge Colleges in response to disruptive protests, clarification from the Upper Tribunal of the definition of ‘person managing’ an HMO under the Housing Act 2004, and the second reading of the Right to Manage and Leasehold Bill in the House of Commons.
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