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LEASEHOLD: REAL ESTATE :crown: :european_castle: :shopping_trolley: …

- - - - :crown: FREEHOLD TITLE
      - :cyclone::house_with_garden:REVERSIONARY Interest - can return to original state WHEN LEASE EXPIRES
      - :raised_hands: HL's rights / title will OVERRIDE any UNREGISTERED EASEMENT right claimed by Ts
    - - :open_hands::european_castle: GRANT (HEAD)LEASES to Tenants
        
        :clipboard::writing_hand: Must INCLUDE NOTICE of RESTRICTIVE COVENANTS, when T signs, in order for Tenant to become LIABLE for future BREACHES
        
        :red_cross::writing_hand: If not include, T = not liable
      - :+1::octopus: HL GIVES PERMISSION to authorise SUBLEASE between T+ ST
        
        :red_flag: :calendar: SUBLEASE DURATION must be SHORTER than HEADLEASE duration ...
        
        :red_flag: ... if LONGER, sublease = ASSIGNMENT
      - :star2::hamburger::octopus: HL can enter into an AGA with NEW SUBTENTANTS (SCPC 11.3.3)
        
        Offers HL protection over property, by offering EXTRA CONTRACTUAL RESTRICTIONS on subtenant's activities
        
        Specific contracting subtenant will be LIABLE for BREACHES of AGA
        
        :warning: :calendar::hamburger: But LATER AGAs with later subtenants will SUPERSEDE earlier, as only 1 AGA can be active at 1 time
      - :star2::hamburger::shopping_trolley: Can enter into an AGA with new ASSIGNEES (SCPC 11.3.3)
        
        Offers HL protection over property, by offering EXTRA CONTRACTUAL RESTRICTIONS on A's activities
        
        Specific contracting assignee will be LIABLE for BREACHES of AGA
        
        :warning: :calendar::hamburger: But LATER AGAs with later assignees will SUPERSEDE earlier, as only 1 AGA can be active at 1 time
      - :+1::shopping_trolley: GIVES CONSENT to authorise ASSIGNMENT between tenant + assignee, within HEADLEASE or by SEPARATE DEED
        
        :necktie::+1::skin-tone-5::moneybag: HL may require UNDERTAKING from A's SOL to COVER COSTS of preparing DEED of LICENCE to ASSIGN
        
        :checkered_flag: GUARANTORS + REFEREES to ensure someone pays if A defaults / A likely to pay
        
        :writing_hand: DIRECT COVENANTS from assignee within DEED of ASSIGNMENT
      - :star2::hamburger::european_castle: Can enter into an AGA with TENANT
        
        :clown_face::crystal_ball: For current T to GUARANTEE future ASSIGNEES will PERFORM headlease convenants (s16 LT(C)A 1995)
      - :shopping_bags::cyclone::house_with_garden: SALE of FREEHOLD REVERSION
        
        :trumpet::1234::shopping_bags: To sell property, HL must give NOTICE to TENANTS at least 4 WEEKS of intended SALE (s6(2)(a) LT(C)A 1995)
        
        :arrow_heading_down::tada::red_cross::european_castle::hamburger: AFTER = Original HL becomes RELEASED from ALL lease COVENANTS / obligations + RELEASED from AGA obligations
        
        ... :european_castle::smile::arrow_right: BURDENS TRANSFERRED to new LANDLORD (s3(3)(a) LT(C)A 1995)
        
        ... :european_castle::-1::skin-tone-5::arrow_right: BENEFITS TRANSFERRED to new LANDLORD (s3(3)(b) LT(C)A 1995)
      - :tada::smile::scroll: HL can ALLOW T to do any action by a DEED OF VARIATION OR LICENCE FOR ALTERATIONS OR WRITTEN AGREEMENT
      - :forbidden::house::clipboard: Can EXPRESSLY EXCLUDE APPURTENCES (existing easements) from lease, so do NOT PASS to T automatically
    - - :mag_right::forbidden: Check if ANY LENDER RESTRICTIONS on HL'S ABILITY TO GRANT leases
      - :envelope_with_arrow: :mag_right::speaking_head_in_silhouette::+1: :european_castle::scroll: HL Sol RECEIVES T'S AMENDMENTS + NEGOTIATES / APPROVE TERMS of both draft lease + draft CONTRACT from HL
      - :twisted_rightwards_arrows::european_castle: :pen: Once lease terms agreed, HL's Sol ENGROSSES LEASE (clean copy) + HL client EXECUTES lease
      - :briefcase::arrow_right::european_castle: Prepare the PRE-CONTRACT PACKAGE + SEND TO T's SOL
        
        :writing_hand::european_castle: :scroll: HL's Sol will DRAFT FR1 LEASE (first reg) + DRAFT pre-lease CONTRACT
        
        :check: :hammer_and_wrench:: L wants to impose ONEROUS REPAIR CLAUSES onto T - protect investment
        
        :crown: OBTAIN COPIES of the HL's PROOF of TITLE to show T
        
        :building_construction: Copies of any PLANNING CONSENTS (own records)
        
        :thermometer: EPC
        
        :bank::+1: If HL mortgage exists, CERTIFIED COPY of HL's LENDER'S CONSENT to grant of every new lease (own records)
      - :currency_exchange::handshake::scroll: Once pre-lease contract terms are agreed, EXCHANGE + COMPLETION of pre-lease CONTRACTS
      - :european_castle::arrow_forward::japanese_castle: :incoming_envelope: HL's Sol PREPARES ENGROSSED COUNTERPART LEASE (identical to engrossed lease) + SENDS to T
        
        :warning::calendar::japanese_castle: :incoming_envelope:COUNTERPART must be SENT 5 DAYS BEFORE intended COMPLETION date
      - :handshake::european_castle: COMPLETION of LEASE
      - :trumpet::bank: HL GIVES NOTICE TO LENDER of new lease
  - - - :european_castle:LEASEHOLD estate
      - :house::clipboard: EXISTING registered EASEMENTS will automatically PASS to T as APPURTENANCES, WITHOUT EXPRESS MENTION in lease (s12 LRA 2002)
    - - :open_hands::shopping_trolley: GRANT ASSIGNMENTS to Assignees
        
        :red_flag: :mag_right::european_castle: Check if HEADLEASE TERMS ALLOW assignment
        
        :red_flag::+1::octopus: If not, must gain HEAD LANDLORD'S PERMISSION before granting assignment
        
        :arrow_heading_down::tada: AFTER = T becomes RELEASED from lease BURDENS / obligations (s5(2)(a) LT(C)A 1995) ...
        
        ... TRANSFERRED to new ASSIGNEE (s3(2)(a) LT(C)A 1995)
        
        :arrow_heading_down::tada: AFTER = T LOSES BENEFITS of lease COVENANTS (s5(2)(b) LT(C)A 1995)
        
        ... TRANSFERRED to new ASSIGNEE (s3(2)(b) LT(C)A 1995)
        
        :clipboard::no_entry::writing_hand: Assignment must INCLUDE NOTICE of RESTRICTIVE COVENANTS from :european_castle:HEADLEASE, when T signs, in order for Tenant to become LIABLE for future BREACHES
        
        :red_cross::writing_hand: If not included ...T REMAINS LIABLE + A is NOT liable
      - :speaking_head_in_silhouette::european_castle: Can NEGOTIATE HEADLEASE TERMS
      - :open_hands::octopus: GRANT SUBLEASES to Subtenants
        
        :red_flag::mag_right::european_castle: Check if HEADLEASE TERMS ALLOW subtenancies
        
        :red_flag::+1::octopus: If not, must gain HEAD LANDLORD'S PERMISSION before granting sublease
        
        :red_flag: :calendar: SUBLEASE DURATION must be SHORTER than HEADLEASE duration ...
        
        :clipboard::no_entry::writing_hand: Sublease must INCLUDE NOTICE of RESTRICTIVE COVENANTS from :european_castle:HEADLEASE, when T signs, in order for Tenant to become LIABLE for future BREACHES
        
        :red_cross::writing_hand: If not included ...T REMAINS LIABLE + S is NOT liable
      - :star2::hamburger::octopus: T can enter into an AGA with NEW SUBTENTANTS
        
        Offers HL protection over property, by offering EXTRA CONTRACTUAL RESTRICTIONS on subtenant's activities
        
        Specific contracting subtenant will be LIABLE for BREACHES of AGA
        
        :warning: :calendar::hamburger: But LATER AGAs with later subtenants will SUPERSEDE earlier, as only 1 AGA can be active at 1 time
    - - :shield::european_castle: SECURITY OF TENURE ( s23 LTA 1954) - T's right to REMAIN IN OCCUPATION if ... B L O P N
        
        :european_castle: LEASE +
        
        :forbidden: :runner: Not if Tenancy At Will (unwritten tenancy that can be terminated at any time)
        
        :forbidden: Not if Licence
        
        :family: OCCUPIED property +
        
        :man_in_business_suit_levitating: Used MAINLY for T's BUSINESS PURPOSES +
        
        :forbidden::male-farmer: Not a farm
        
        :forbidden::evergreen_tree:: Not agricultuar holding
        
        :forbidden::hammer_and_pick: Not mining
        
        :forbidden::small_red_triangle: Not employee tenants
        
        :forbidden::european_castle::-1: Not if the lease prohibits business purposes
        
        :triangular_ruler: PERIODIC tenancy or 6+ MONTH FIXED tenancy
        
        :no_entry: LTA is NOT VALIDLY EXCLUDED by CONTRACTING OUT
        
        LESS than 14 DAYS BEFORE GRANT of lease, T makes a STATUTORY Declaration in prescribed form stating he RECEIVED NOTICE from HL + AGREES to CONTRACT OUT of LTA54 SoT
        
        MORE than 14 DAYS BEFORE GRANT of lease, T makes a SIMPLE Declaration in prescribed form stating he RECEIVED NOTICE from HL + AGREES to CONTRACT OUT of LTA54 SoT
        
        :red_cross: :arrows_clockwise: :male-judge: Can only be TERMINATED in accordance with s24 LTA 1954 - then T has right to APPLY TO COURT for NEW LEASE
      - :Bank::european_castle: If T MORTGAGE exists, must ensure LEASE
        
        :bank::+1: Obtained CERTIFIED COPY of T's LENDER'S CONSENT to agreed lease
        
        :timer_clock::straight_ruler: Lease DURATION provides ADEQUATE LOAN SECURITY
        
        :umbrella: Contains adequate INSURANCE PROVISIONS
        
        :hammer: Contains adequate REPAIR COVENANTS
    - - :envelope_with_arrow::european_castle::scroll::mag_right::speaking_head_in_silhouette::+1: T Sol RECEIVES draft LEASE+ draft pre-lease CONTRACT from HL's Sol ...+ SENDS AMENDMENTS / AGREED TERMS of both to HL's Sol
        
        :check::hammer_and_wrench: T would want LESS ONEROUS REPAIR CLAUSES
        
        :check: :electric_plug::factory: Ensure all electrical, mechanical and plant services will remain FIT FOR PURPOSE FOR FULL DURATION of the lease
      - :female-detective: T CARRIES OUT Pre-Contract SEARCHES + ENQUIRIES
      - :crown: T REQUEST PROOF OF HL's FREEHOLD TITLE - to enable lease to be later registered with absolute title at Land Reg
      - :eye::house: T SURVEYS PROPERTY to assess any disrepair - if any repairs needed, can reduce rent
      - :envelope_with_arrow: :crown::thermometer: Within Pre-Contract Package, T RECEIVES: Proof of HL's FREEHOLD TITLE + EPC
      - :envelope_with_arrow::japanese_castle: :pen: T's Sol RECEIVES ENGROSSED COUNTERPART from HL + T EXECUTES counterpart
      - :female-detective: T carries out PRE-COMPLETION SEARCHES
      - :handshake::european_castle: COMPLETION of LEASE
      - :cake: T PAYS APPORTIONED RENT + pays any PREMIUMS for grant at Completion
      - :money_with_wings::cake: T PAYs SDLT at Completion on BOTH the 'PREMIUM'/any CAPITAL SUM* being paid AND* the apportioned RENT
      - :european_castle::straight_ruler::registered: If lease duration is for MORE THAN 7 YEARS + 1ST REGISTRATION, must REGISTER LEASE at LAND REG within 2 MONTHS
      - :necktie: T PAYS LEGAL FEES
- - - - Property value if HL COMPLETED REPAIRS - CURRENT property value in disrepair
    - - If express SELF HELP CLAUSE, T MAKES REPAIRS, then DEDUCTS REASONABLE COST from future rent or makes QUICK DEBT CLAIM against HL (avoid proof of damage requirements for LTCA + LRPA)
    - - Obtain COURT ORDER for HL to make repairs
    - - If HL has COLLECTED SERVICE CHARGES but FAILS to carry out URGENT REPAIRS ...
      - ... then T NOMINATE A SURVEYOR (as receiver), who is APPOINTED BY COURT, then becomes NEW PROPERTY MANAGER including repairs
  - - - MUST be 7+ YEAR LEASE with 3+ years UNEXPIRED lease term (LP(R)A 1938 applies)
      - :forbidden: If HL ABANDONS property in disrepair
      - :forbidden: KNOCKED DOWN soon after lease termination
      - :forbidden: If intended structural ALTERATIONS render repairs VALUELESS
    - - If FORFIETURE CLAUSE in lease, HL's right to RE-ENTER PROPERTY + END LEASE
      - HL must SERVE s146 LPA 1925 NOTICE containing:
        
        Specify BREACH
        
        State T must REMEDY breach
        
        State T must pay COMPENSATION for breach
        
        If 7+ YEAR LEASE with 3+ years UNEXPIRED, must ALSO state T'S RIGHT to serve COUNTER NOTICE within 28 days
    - - If express SELF HELP CLAUSE, HL MAKES REPAIRS, then makes QUICK DEBT CLAIM against T (avoid proof of damage requirements for LTCA + LRPA)
    - - Obtain COURT ORDER for T to make repairs (if damages are inappropriate)
  - - - :open_mouth: Less onerous: T / HL must PUT PROPERTY INTO REPAIR at START of lease (Proudfoot)
    - - :open_mouth: More onerous: Covers works BEYOND MERE REPAIR + IMPLIED A DUTY to PUT property INTO putative / presumed good condition (Credit Suisse v Beegas)
    - - To keep in OPERATING CONDITION
- - - - :briefcase::arrow_right::shopping_trolley: Prepare PRE-CONTRACT PACKAGE + SEND to A's SOL
        
        :writing_hand::scroll: T's Sol DRAFTS CONTRACT
        
        :european_castle: OBTAIN COPIES of T's PROOF of LEASEHOLD TITLE to show A
        
        :mag_right::umbrella: Copy of INSURANCE POLICY with new A + T named , with receipt of LAST PAID insurance PREMIUM
        
        :bank::+1: If T mortgage exists, CERTIFIED COPY of DISCHARGE of T'S MORTGAGE (T paid off mortgage before A takes on)
        
        :thermometer: EPC
        
        :mag_right::moneybag: Receipt of last RENT + SERVICE CHARGE PAYMENTS
      - :mag_right::forbidden: Check if ANY LEASE RESTRICTIONS on T'S ABILITY TO ASSIGN
      - :mag_right::crown::+1::skin-tone-5::shopping_trolley: Check if lease states HL's CONSENT is REQUIRED for Assignment
        
        :crown::pen::heavy_heart_exclamation_mark_ornament:+ :writing_hand::two_hearts: :arrow_right::european_castle: If HL consent needed, HL EXECUTES a LICENCE TO ASSIGN + PREPARES COUNTERPART LICENCE + SENDS both to T
      - :currency_exchange: EXCHANGE of contracts
      - :envelope_with_arrow::shopping_trolley: + :european_castle::+1::skin-tone-5: From A, RECEIVE + APPROVE DEED of ASSIGNMENT
      - :writing_hand::handshake::speech_balloon: PREPARE COMPLETION STATEMENT (inc £ apportioned rent)
      - :envelope_with_arrow::heavy_heart_exclamation_mark_ornament::arrow_right::shopping_trolley: At Completion, if T has RECEIVED a EXECUTED LICENCE to ASSIGN from HL, T GIVES LICENCE to A
        
        :red_cross::envelope_with_arrow::handshake: If Licence NOT RECEIVED by COMPLETION, POSTPONED COMPLETION by 4 MONTHS max...
        
        ... After 4 months :no_entry:, EITHER A or T can RESCIND ASSIGNMENT (SCPC 11.3.6)
      - :handshake::shopping_trolley: COMPLETION of DEED of ASSIGNMENT
      - :walking: T COMPLIES with any Post-Completion UNDERTAKINGS
    - - :sleuth_or_spy: A raises PRE-CONTRACT SEARCHES + ENQUIRIES
      - :mag_right: :crown: :european_castle: RECEIVE PRE-CONTRACT PACKAGE from T + use to INVESTIGATE T's LEASEHOLD Title + HL's FREEHOLD Title + HL's reversionary right
      - :envelope_with_arrow::scroll:+:+1::skin-tone-5: RECEIVES + APPROVE DRAFT CONTRACT from T
      - :currency_exchange:EXCHANGE of contracts
      - :writing_hand: :shopping_trolley::incoming_envelope: A PREPARES DEED of ASSIGNMENT + SEND to T
      - :sleuth_or_spy: Raise PRE-COMPLETION SEARCHES inc HL's reversionary right + any manangement company
      - :writing_hand::handshake::speech_balloon: PREPARE COMPLETION STATEMENT (inc £ apportioned rent)
      - :envelope_with_arrow::heavy_heart_exclamation_mark_ornament: + :two_hearts::pen: At Completion, A RECEIVES EXECUTED LICENCE to ASSIGN from T + A EXECUTES COUNTERPART LICENCE
      - :handshake::shopping_trolley: COMPLETION of DEED of ASSIGNMENT
      - :money_with_wings: Assignee PAYS SDLT on purchase price (inc VAT)
      - :registered: Assignee REGISTERS TITLE of DEED to ASSIGN
- - - - :shopping_trolley::moneybag: As Assignee takes on ALL BURDENS CONTAINED WITHIN DOCUMENT of assigned tenancy / subtenancy, ASSIGNEE is LIABLE for rent to HL
      - (RARE) :mag_right::hamburger: ( :explode::moneybag:)= :arrow_backward: :european_castle: ONLY if HL-PREVIOUS T AGA clause relating SPECIFICALLY to RENT / BREACH ... then PREVIOUS T would be liable under AGA clause
    - - Current T is LIABLE to HL + HL can seek remedies
  - - - Make a CLAIM for SPECIFIC SUM + INTEREST to court, within 6 years of debt falling due
    - - If FORFIETURE CLAUSE in lease, HL's right to RE-ENTER PROPERTY + END LEASE
    - - :trumpet: HL serves ENFORCEMENT NOTICE, stating T has 7 DAYS until HL will RE-ENTER property + SIEZE GOODS EQUAL to VALUE of unpaid rent
    - - For individual T, apply to COURT if unpaid rent is £5k+
      - For company T, apply to COURT if unpaid rent is £750+
- - - - Notice given 6-12 MONTHS BEFORE intended termination date
      - Notice states PREMISES + lease-stated TERMINATION DATE
      - :crown::+1::skin-tone-5::star2: HL LT1 FORM w/ new L terms, if HL NOT OPPOSED to NEW Tenancy
      - :crown::red_cross::star2: HL completes LT2 FORM stating why opposed, if HL OPPOSED to NEW Tenancy
        
        T can REFUSE NEW TENANCY if (s30(1)) LTA 1954)
        
        T FAILS to REPAIR (s30(1)(a))
        
        Persistent DELAYED RENT payment (s30(1)(b))
        
        Substantial BREACHES (s30(1)(c))
        
        HL offers T ALTERNATIVE ACCOMMODATION (s30(1)(d))
        
        HL wants to LET WHOLE PROPERTY (s30(1)(e))
        
        HL intends to DEMOLISH / REBUILD PREMISES (s30(1)(f))
        
        HL wants to OCCUPY themselves (s30(1)(g))
  - - - T completes LT3 FORM to both TERMINATE CURRENT tenancy + REQUEST NEW tenancy
      - T's request must be SERVED 6-12 MONTHS BEFORE intended START of new tenancy
      - T's request states PREMISES + INTENDED START date
    - - T gives HL NOTICE 3+ MONTHS BEFORE EXPIRY of lease
- - - - :question::moneybag::cyclone::ribbon: Property is insured to FULL REINSTATEMENT VALUE (cost of reinstating to original state)
    - - :moneybag::arrow_right::cyclone::ribbon: Should be HL covenant that PAID SERVICE CHARGE should be USED to REINSTATE the premises
        
        T wants HL obligation to pay shortfall
        
        :cyclone::red_cross:= :skull_and_crossbones: If REINSTATEMENT is IMPOSSIBLE, lease will often give RIGHT TO TERMINATE
- - - - :briefcase: Mortgage needed by buyer?
      - EXCLUSIVE of VAT (VAT will be added = +VAT needed)?
        
        If OLD = Seller's option whether to add VAT
        
        :writing_hand::scroll::red_cross::money_with_wings: If Seller chooses to add NO VAT, need to UPDATE CLAUSE 3.3 of Contract, so states "PART 2 CONDITIONS ARE INCLUDED"
        
        If NEW = 20% added to PP
      - INCLUSIVE of VAT (VAT not added)?
        
        Doesn't matter if NEW or OLD
        
        :warning::bank: MUST when client is BUYER + and an insurance company, bank or building society, as they makes exempt supplies and will not be able to recover any VAT it has to pay on the purchase price
    - - Check :crown: freehold / :european_castle: leasehold?
        
        Restrictive Covenants on freehold?
  - - - Express / Prescriptive easements?
      - Purpose: To give access to building?
      - Purpose: Van deliveries of goods?
      - Neighbour / 3rd party rights over cl's part of alley?
      - Maintenance obligations for shared alley?
  - - - New: :money_with_wings: Standard-rated VAT (20%) must be added to purchase price
      - Old: :money_with_wings: :forbidden: VAT exempt (0%) for PP ...
        
        ... So Seller's option whether or not to add VAT to PP
        
        If VAT ADDED to PP = Seller can recover ALL VAT from HMRC for any refurbishments / construction he has already done to property :hammer_and_wrench:
        
        :warning: If chose to add VAT, need to notify HMRC
        
        :writing_hand::scroll::red_cross::money_with_wings: If Seller chooses to add NO VAT, need to UPDATE CLAUSE 3.3 of Contract, so states "PART 2 CONDITIONS ARE INCLUDED"
    - - If extensive = ask for reduced purchase price?
- - - - :warning: :smile: WITH CONDITIONS TO EASEMENT
        
        :smile: :silhouettes: SHARED WITH NEIGHBOURS? "right of way in common with the owners ... of numbers 32 and 40": shared easement with residents of 32 + 40
        
        :smile: :world_map: PASS OVER WHAT LAND? "to pass ... over the land shown hatched brown on the plan"
        
        :smile: :car: :clock5: HOW TO PASS + WHEN? "with or without vehicles during normal working hours"
      - :warning::-1::skin-tone-5: "LAND IS SUBJECT TO"- BURDENS IMPOSED ON YOUR OVER THE LAND
        
        :-1::skin-tone-5: :silhouettes: NEIGHBOURS HAVE SIMILAR EASEMENT RIGHTS? "the owners of ... numbers 32 and 40 ... having similar rights"
        
        :-1::skin-tone-5: :moneybag: :hammer: MAINTENANCE PAYMENT? "the Purchaser ... paying a fair and reasonable proportion of the costs of maintaining the land shown"
    - - :eye: IMPLIED GRANT of easement
        
        STRICT NECESSITY: Land has NO USE WITHOUT easement
        
        COMMON INTEREST: Ancillary right to PRACTICALLY FULFILL agreed tasks
        
        (:high_heel: only) WHEELDON v BURROWS QUASI-EASEMENT: Seller's apparent + continuous + necessary RIGHTS EXERCISED BEFORE sale PASS to Buyer
        
        ( :european_castle::high_heel: Buyer LESSEE only) s62 LPA 1925: PRE-EXISTING INFORMAL PERMISSIONS before lease grant are UPGRADED TO LEGAL EASEMENT
        
        :forbidden: To EXCLUDE IMPLIED EASEMENTS
        
        Exclude ALL: within Part 11 of TR1 / TP1, state "The TRANSFER DEED ... will NOT operate or be constructed to IMPLY THE GRANT of OTHER EASEMENTS"
        
        Exclude light + air easements: "There is not included ... any EASEMENT of LIGHT OT AIR"
      - :hourglass_flowing_sand::mag_right: PRESCRIPTIVE EASEMENT, granted by Prescription Act 1832 Court Order or "LOST COMMON GRANT" common law
        
        :hourglass_flowing_sand: If traversed land for 20+ YEARS OLD + WITHOUT PERMSISSION / FORCE / SECRECY
        
        :mag_right: Carry out personal INSPECTIONS + make enquiries with seller/neighbours
        
        :house::clipboard::registered: To REGISTER a PRESCRIPTIVE EASEMENT, need following forms:
        
        FR1 Application Form (at first registration when p easement created) OR AP1 Application Form (any time subsequently)
        
        ST4 Form Statement of Truth
        
        Application FEE + Inspection FEE
  - - - :warning: Assumed to be JOINT TENANTS, without Tenants in Common Restriction
    - - :pen: :bank: Must gain WRITTEN CONSENT FROM BANK BEFORE disposal of property: "No disposition ... without a written consent signed by the proprietor ... of the charge ... in favour of BARCLAYS BANK PLC"
      - :female-judge: :couple: When TENANTS IN COMMON as proprietors + 1 tenant wishes to dispose, must gain COURT ORDER: "No disposal by a sole proprietor ... unless authorised by an order of the court"
        
        :warning: WITHOUT = assumed to be JOINT TENANTS
    - - CURRENT OWNER has PERSONALLY COVENANTED to complete a particular obligation
      - :star2: Benefit: Can SECURE INDIRECT ENFORCEMENT of POSITIVE covenants (positive covs do NOT RUN with the land)
      - "the transfer ... contains a COVENANT TO OBSERVE AND PERFORM the
        covenants referred to in the Charges Register and OF INDEMNITY in respect thereof"
  - - - :red_cross: ABSOLUTE RESTRICTIVE covenants - must never be done
      - :red_cross: QUALIFIED RESTRICTIVE covenants
        
        :recycle: :pen: If recent covenant: Restriction OVERCOME BY GETTING written CONSENT from original covenantor
        
        :recycle: :umbrella: If older covenant: Restriction OVERCOME BY RESTRICTIVE COVENANT INDEMNITY INSURANCE + add this Indemnity Insurance in CLAUSE 6 of CONTRACT
    - - :recycle: Can RUN WITH land if pos cov's BENEFIT IS CONDITIONAL on ACCEPTANCE OF RESTRICTIVE Cov by Halsall v Brizell
      - :recycle: :arrows_clockwise: If the pos cov is made COMPULSORILY RENEWABLE
      - :recycle: :biohazard_sign: NEW PERSONAL INDEMNITY COVENANT ADDED during the NEW SALE of property to ensure enforcement
    - - :calendar: "CHARGE dated 20 May 2019 to secure monies ...": Date when mortgage was registered
      - :bank: "PROPRIETOR - BARCLAYS BANK PLC...": Bank who owns mortgage
      - :warning: :explode: MORTGAGE must be DISCHARGED IMMEDIATELY FOLLOWING COMPLETION (seller repays lender with sale money) by ..
        
        ... :RECYCLE: :speaking_head_in_silhouette: GET UNDERTAKING IN CONTRACT OF SALE from Seller Sol that Seller sells property FREE FROM MORTGAGE
        
        ... AND :RECYCLE: :scroll: DS1 FORM must be COMPLETED by Seller's Sol to cancel mortgage-related entries on Charges Reg
    - - "Unilateral notice affecting the land in this title in favour of ..."
      - :warning: :explode: Any UNILATERAL NOTICES must be DISCHARGED BEFORE COMPLETION by ...
        
        :RECYCLE: :speaking_head_in_silhouette: GET UNDERTAKING from Seller Sol to seek CANCELLATION of unil notice via Land Reg or court judgement
        
        ... AND :RECYCLE: :office: Seller's Sol APPLIES to LAND REGISTRY for CANCELLATION of NOTICE by LRA 2002
        After 15 business days, if beneficiary of unil notice does not respond to Land Reg notification ... unil notice will be WITHDRAWN from Charges Reg OR
        
        ... OR/AND :RECYCLE: :female-judge::skin-tone-5: Seller's Sol FILES a CLAIM TO COURT to CANCEL the unil notice by Nugent v Nugent
    - - :warning: :explode: FLA NOTICE must be DISCHARGED BEFORE COMPLETION by ...
        
        :recycle: :speaking_head_in_silhouette: APPLY TO BENEFICIARY of the FLA notice for its removal from Charges Reg
        
        :recycle: :scroll: Apply to COURT for DECREE NISI, showing marriage ended to remove spouse
        
        :recycle: :scroll: Apply to COURT for CONDITION IN CONTRACT that Seller has notice REMOVED before completion/exchange
  - - - SELLER's Sol :arrow_right: BUYER's Sol + LENDER's Sol
      - BUYER'S Sol :arrow_right: LENDER's Sol (+ BUYER company directors)
    - - REVIEW TITLE docs
      - RAISE SEARCHES + ENQUIRIES, then review RESULTS - results ADDED TO SCHEDULE 6
      - Prepare FIRST DRAFT of CoT
      - Raise CLIENT ENQUORIES
      - Review PROPERTY VALUATION
      - SUBMIT DRAFT Cert :arrow_right: addressee sols FOR APPROVAL
      - REVIEW ANY AMENDMENTS in returned DRAFT Cert + REVISE DRAFT
      - AGREE FORM of Cert with addressee sols :handshake:
      - SEND FINAL AGREED DRAFT of Cert TO CLIENT TO CONFIRM CONTENT of Cert :alarm_clock: WITHIN 5 WORKING DAYS of Cert Grant
      - AGREE ADDRESSEES
      - :twisted_rightwards_arrows: ENGROSS + DATE AGREED FORM of Cert
      - Send to VALUER FOR APPROVAL
    - - Sch 2, Pt 1: Property
      - Sch 2, Pt 2: Benefits
      - Sch 2, Pt 3: Incumbrances (for draft, assess Property Register + Charges Register)
- - - - :warning::speaking_head_in_silhouette: Seller Sol must EXPLAIN RISKS + CONSEQUENCES of seller accepting AND ...
      - ... :warning::+1: Seller Sol must OBTAIN SELLER'S EXPRESS AUTHORITY to accept reduced deposit
      - :warning::black_flag::alarm_clock: If UNPAID when COMPLETION NOTICE RECEIVED, must PAY 10% PP IMMEDIATELY (SCPC 9.8.3)
    - - :raised_hands: SELLER'S AGENT (SCPC 3.2.2)
        
        Seller SOLICITOR receives fair + reasonable amount of INTEREST placed in general client account (Part 3 SRA Account Rules 2011)
      - AUCTIONEER in AUCTION SALE (SCPC 3.3.6)
        
        Payment by auctioneer's PERSONAL CHEQUE
        
        Paid by DIRECT CREDIT
        
        :red_cross::tophat::+1::skin-tone-5: Seller can use RECEIVED deposit for ANY PURPOSE WITHOUT BUYER'S CONSENT
      - :family: STAKEHOLDER (SCPC 3.2.2)
        
        Middleman pays ONLY with BOTH PARTIES' CONSENT
        
        Paid by DIRECT CREDIT
        
        SELLER client receives INTEREST on completion (SCPC 3.2.2)
    - - :arrow_double_up: BUT If buyer deposit CHEQUE BOUNCES/ DISHONOURED = contract BREACH :explode:
        
        Seller option: DISCHARGED from contract + SUE for DAMAGES (Millichamp v Jones)
        
        Seller option: Keep CONTRACT ALIVE
        
        Seller option in AUCTION sale: Within 7 DAYS of being informed cheque bounced, seller gives buyer NOTICE that DISCHARGED from contract (SCPC 3.3.7)
  - - - :warning::warning::MONEYBAG::computer: When using Formula B, MUST ALWAYS obtain an AGREED WRITTEN NOTICE TO VARY, as DEPOSIT must be sent BY ELECTRONIC MEANS (comply with SCPC 3.2.2) - not be sent by banker's draft / solicitor's account cheque
  - - - ... :angry::red_cross: NOT if damage was CAUSED by LACK of PROPER CARE (Clarke v Ramuz) = seller remains liable
      - ... :umbrella: :red_cross: NOT if Buyer Sol advises B to take out POST-EXCHANGE Accidental Damage INSURANCE, until completion = seller remains liable
- - - - TR1 = Transfer to WHOLE TITLE
      - TP1 = Transfers OF PART
    - - 6A. :warning::chains: B NEEDS to EXECUTE TR1 too if: B TR1 contains a POSITIVE COVENANT (in Box 11) that B will become bound by
      - 6B. :warning::silhouettes: B executes too if +1 Buyers as a "Declaration of Co-ownership" must be made (when joint tenants / equal share) or as a "Declaration of Trust" (detailing unequal shares of ownership (Box 10)
    - - :female-detective::tophat: TITLE Search = Priority Period of 30 WORKING DAYS
        
        :incoming_envelope: OS1 form
        
        :envelope_with_arrow: Official CERTIFICATE of SEARCH
      - :bank::clipboard: LOCAL LAND CHARGES Search = No Priority Period
        
        :incoming_envelope: LLC1 form to relevant distrit council
        
        :envelope_with_arrow: Reveals public INCUMBRANCES
      - :cityscape: COMPANY Search = No Priority Period
        
        :incoming_envelope: Search COMPANY SELLER'S NAME in the COMPANY'S HOUSE
        
        :envelope_with_arrow: Co exists + no undisclosed charges + power to sell + not subject to insovencey proceedings
      - :see_no_evil: :red_cross::money_mouth_face: BANKRUPTCY Search = No Priority Period
        
        :incoming_envelope: K16 form
        
        :envelope_with_arrow: Official CERTIFICATE of SEARCH
      - INSOLVENCY PROCEEDINGS Search = Telephone search at the Central Registry of Winding-Up Petitions
    - - :money_with_wings: Confirmation that SDLT + AP1 form has been completed
      - :tophat: Certificate of Title + OS1 results
      - :bank: Executed undated MORTGAGE Deed
      - :umbrella::chains: Evidence of PROFESSIONAL INDEMNITY Insurance
      - :umbrella::house: Evidence of Buyer's client's BUILDING Insurance
  - - - :no_entry: RESCIND contract
      - :moneybag: FORFEITURE of DEPOSIT paid at exchange + accrued interest
      - :money_mouth_face: DAMAGES for breach of contract
      - :label: RESELL property+ contents
  - - - :calendar: Occurs on 20TH working DAY AFTER EXCHANGE (SCPC 9.1)
      - :clock2: Completion BEFORE 2PM (SCPC 9.1.2) - if after 2pm = treated as completion on next working day
      - :office: At SELLER'S SOL OFFICE (9.2.2)
      - :moneybag: Completion occurs by DIRECT TRANSFER of CLEARED FUNDS + UNCONDITIONAL RELEASE OF DEPOSIT held by stakeholder (SCPC 9.7)
  - - - :incoming_envelope: DS1 form / DS3 form to Land Reg
      - :envelope_with_arrow: Seller will be REMOVED from TITLE Deed
  - - - Completion Monies = PURCHASE PRICE - DEPOSIT
    - - :incoming_envelope: SDLT1 form to HMRC
      - :envelope_with_arrow: SDLT5 form
    - - :incoming_envelope: MR01 form + certified copy of MORTGAGE DEED + s859D Particulars
      - :envelope_with_arrow: Buyer ADDED to CHARGES Register
    - - :incoming_envelope: SEND AP1 form (FR1 if first reg) to Lang Reg, with these documents:
        
        :outbox_tray::inbox_tray: Original DATED TR1 form (executed transfer deed)
        
        DS1 form (proof seller discharged existing mortgage)
        
        SDLT5 form (proof SDLT was paid)
        
        Any NEW MORTGAGE DEED
        
        :skull: :tophat::tophat: If property in will, proof of POWER of ATTORNEY / GRANT OF REPRESENTATION
      - :envelope_with_arrow: :house::clipboard:+ :couple::clipboard:+ :bank::clipboard: B Sol receives + checks + deals with safe custody of TITLE INFORMATION DOCUMENT containing: UPDATED PROPERTY register + PROPRIETORSHIP register + CHARGES register
- - - - :ballot_box_with_check::umbrella::spiral_calendar_pad::left_right_arrow::spiral_calendar_pad: Did the damage / incident happen WITHIN the RISK PERIOD?
        
        :bow::see_no_evil: Are there any lease clauses where REPAIR OBLIGATION does NOT APPLY, due to being TENANT'S FAULT?
        
        :point_right: :crown:/ :european_castle: CONCLUDE on whether HL / T is RESPONSIBLE for REPAIR obligations based on lease clause / insured risk clause
        
        :red_cross::hammer_and_wrench: Briefly EXPLAIN REMEDIES for innocent party if LIABLE HL / T does NOT complete repairs