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Real Estate - Tip of the Week: Guarantees and Indemnities - Spot the Difference! By Morgan Raines Guarantees and indemnities are often found together in leases, but are very different obligations.
Real Estate Tip of the Week: The Trouble with Mortgages of Part By Michael Bothamley It’s common for developers and other landowners to grant to their lenders mortgages of part of the property they own. There can be any number of practical situations in which to do so may seem commercially sensible at the time. But doing so can lead…
Real Estate Tip of the Week: Lease Frustration By George Taylor The European Medicines Agency (EMA) entered into a 25 year lease of commercial premises in October 2014.
Housebuilder Top Tip: Title Indemnity Insurance – A Quick Guide By Matthew Stokes Where a title defect or development constraint is spotted during property due diligence a discussion around whether title indemnity insurance will solve the problem invariably follows. Title indemnity insurance is extremely useful. It provides a…
Real Estate Tip of the Week: Security of tenure – what it means By Alison Moore If the relationship is not formalised at the start of a tenancy, it is possible that there will be unforeseen consequences – it's not just what you agree or even write down.
Real Estate Tip of the Week: Adverse Possession – Paving the way? By Frances Keenan It is widely regarded that fencing land is an essential ingredient to establish adverse possession, but a recent Court of Appeal case has held that the act of paving can be sufficient.
Real Estate Tip of the Week: With or Without Prejudice By Sakis Tombolis Written and oral statements marked as ‘without prejudice’ and made in a genuine attempt to settle an existing dispute are prevented from being admitted as evidence in court.
Real Estate Tip of the Week: Injunctions against the Unknown By Charlotte Meredith Conventionally, possession orders are the main method used to evict trespassers. However, the courts are now issuing injunctions to prevent trespass happening before the action has occurred.
Housebuilder Top Tip: You've Got Mail! By Aleem Khan Email notice provisions are becoming more common in a world which embraces e-commerce. However, there are numerous risks in serving a notice under a contract or other legal document by email. These include: the email arriving late or not at all,…
Real Estate Tip of the Week - Unilateral mistakes - Change for the better? By Julitta Yates Those key terms often change during the course of negotiation, and it is not unusual for commercial terms agreed in final documents to materially differ from those set out in the Heads of Terms.
