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Standard clauses and drafting notes: Property
Practical Law UK Help and Information Notes 1-200-9461 (Approx. 19 pages)
Standard clauses and drafting notes: Property
| Maintained • England, Wales |
Clauses for property transactions, including boilerplate and execution clauses, with associated drafting and practice notes.
For our Scots law resources see the Scots law resource centre.
Conveying property
Easements, covenants and third party rights
- Easement: Overhanging eaves with integrated drafting notes.
Positive covenants
- Transfers: covenant to erect and maintain fence with integrated drafting notes
- Transfers: covenant to maintain garden(s) with integrated drafting notes
- Transfers: covenant to repair garden structures with integrated drafting notes
- Transfers: covenant to construct wall with integrated drafting notes
- Transfers: covenant to plant and maintain a hedge with integrated drafting notes
- Transfers: covenant to decorate buildings with integrated drafting notes
- Transfers: covenant to erect and maintain a gateway with integrated drafting notes
- Transfers: covenant to maintain open land with integrated drafting notes
- Transfers: covenant to make good damage with integrated drafting notes
- Transfers: covenant to contribute towards maintenance of accessway with integrated drafting notes
- Transfers: covenant to submit landscaping for approval, complete and maintain it with integrated drafting notes
- Transfers: covenant to construct estate roads and footpaths and maintain until adoption with integrated drafting notes
- Transfers: covenant to empty and maintain septic tank with integrated drafting notes
- Transfers: covenant requiring transferee not to dispose of property without obtaining a covenant from disponee with integrated drafting notes
Restrictive covenants
- Restrictive covenants prohibiting building with integrated drafting notes
- Restrictive covenants prohibiting certain uses with integrated drafting notes
- Restrictive covenants prohibiting obstruction or interference with rights with integrated drafting notes
- Transfers: covenant prohibiting drying washing except in rear garden with integrated drafting notes
- Transfers: covenant prohibiting visible aerials and satellite dishes with integrated drafting notes
- Transfers: covenant prohibiting noisy machinery with integrated drafting notes
- Transfers: covenant prohibiting changing external appearance without consent with integrated drafting notes
- Transfers: covenant prohibiting advertising with integrated drafting notes
- Transfers: covenant prohibiting repair or maintenance of vehicles with integrated drafting notes
- Transfers: covenant prohibiting shrubs, trees and hedges in a certain area with integrated drafting notes
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Contracts and transfers
Contract plug in clauses: general
- Property contracts: clauses for insertion into sale contract to create a sub-sale contract with integrated drafting notes
- Sale contracts: retention clause to secure performance of post-completion obligations with integrated drafting notes
Enfranchisement issues: contracts and transfers
- LRHUDA 1993: agreement to assign the benefit of a lease extension claim served before exchange with integrated drafting notes
- LRHUDA 1993: agreement to serve and assign the benefit of a lease extension claim with integrated drafting notes
- LRHUDA 1993: assignment of benefit of a notice of lease extension claim (clauses for transfer) with integrated drafting notes
- LRA 1967: agreement to assign the benefit of a claim for the freehold (or extended lease) served before exchange with intergrated drafting notes
- LRA 1967: agreement to serve and assign the benefit of a claim for the freehold or extended lease with integrated drafting notes
Environmental
- Clauses to allocate environmental liability on sale of land with integrated drafting notes
Insurance
- Sale contracts: seller's insurance obligation with integrated drafting notes
- Sale contracts (leasehold land): seller's additional insurance obligations with integrated drafting notes
Clauses for TR1
- Transfers: clauses for TR1 (commercial freehold or leasehold property) with integrated drafting notes
- Transfers: clauses for TR1 (residential freehold or leasehold property) with integrated drafting notes
- Transfers: appointing a second trustee on the sale of property with integrated drafting notes
- Transfers: provisions where there is a sub-sale with integrated drafting notes
- Transfer of equity subject to a charge with integrated drafting notes
- LRA 1967: assignment of benefit of a notice of claim for the freehold or extended lease (clauses for transfer) with integrated drafting notes
Clauses for TP1
- Transfers of part: clauses for TP1 (residential plot transfer of new-build property on housing estate) with integrated drafting notes.
- Transfers of part: clauses for TP1 (plot on a commercial estate) with integrated drafting notes.
Registration issues
- Seller's title pending first registration with integrated drafting note
- Seller's title pending registration with integrated drafting note
Charity transactions
- Statement for mortgage of land by an exempt charity with integrated drafting notes
- Statements and certificate for mortgage of land by a non-exempt charity with integrated drafting notes
Insolvency sales
- Clauses for the transfer of freehold property by a company in administration with integrated drafting notes
- Clauses for the transfer of freehold property by a company in liquidation with integrated drafting notes
- Clauses for the transfer of freehold property by a mortgagee with integrated drafting notes
- Clauses for the transfer of freehold property by an LPA receiver with integrated drafting notes
- Clauses for the transfer of residential freehold property by a trustee in bankruptcy (bankrupt is joint owner) with integrated drafting notes
- Clauses for the transfer of residential freehold property by a trustee in bankruptcy (bankrupt is sole proprietor) with integrated drafting notes
Capital allowances
- Capital allowances fixtures election with integrated drafting notes
- Standard document, Structures and buildings allowances: allowance statement with integrated drafting notes
- Structure and buildings capital allowances: clause requiring the seller to provide an allowance statement with integrated drafting notes
Corporate support
Asset purchase agreements
- Property schedule: asset purchase agreement (with integrated drafting notes)
- Asset purchase agreement: Warranty provisions: Freehold and leasehold properties with integrated drafting notes
Share purchase agreements
- Share purchase agreement: Warranty provisions: Freehold and leasehold properties with integrated drafting notes
Dealing with leasehold land
Green leases
- Green lease clauses. These clauses should be read alongside Practice note, Green leases, which includes detailed commentary on the proposed drafting and the background to the various provisions.
CRC clauses
- Consultation draft CRC clauses for insertion into standard form leases with integrated drafting note
Energy performance certificates
- Energy performance certificates: lease clauses: alterations with integrated drafting note
- Energy performance certificates: lease clauses: co-operation with integrated drafting note
- Energy performance certificates: licence to carry out works clause with integrated drafting note
- Energy performance certificates: agreement for surrender clause with integrated drafting note
Alienation
- Leases: clauses enabling the underletting of a permitted part with integrated drafting note
Option to purchase freehold
- Leases: clause granting an option to purchase the freehold with integrated drafting notes
Consent to landlord's application for release
- Consent to landlord's application for release with integrated drafting notes
Limitation of landlord's liability
- Limitation of landlord's liability following transfer of reversion (original landlord) with integrated drafting notes
- Limitation of landlord's liability following transfer of the reversion (original and successor landlords) with integrated drafting notes
Dealings with the Land Registry
- Prohibition against noting of lease at HM Land Registry with integrated drafting notes
Underletting
- Restrictions on underletting: alternative provisions for content of underleases with integrated drafting notes
Development
Development and construction
- Step-in rights for a development agreement with integrated drafting notes.
Planning agreements
For a mediation clause published by the Royal Institution of Chartered Surveyors (RICS), see RICS: Precedent RICS mediation clause (short form).
Boilerplate clauses
Co-obligors (joint and several liability)
- Co-obligors (joint and several liability) (and related drafting notes)