Disposition meaning

ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU(W)A 2018 (as amended) at the end of the post‑Brexit transition period (IP completion day). For background on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a broad, complex legal term defined by the EU(W)A 2018. It covers anything that continues to form part of domestic law on or...

When taking a lease or a transfer from an administrative receiver, the title deeds should include the original debenture, or a certified copy, under which the receiver was appointed a certificate from the chargee (or their conveyancer) confirming the power of appointment under the debenture has arisen the original deed appointing the receiver, or a certified copy a certified copy of the receiver’s notice accepting the appointment (the original is retained by the chargee) HM Land Registry will need all of the above to register the lease or transfer. Although the debenture is usually noted against the property title, HM Land Registry will also verify that it: has been registered at Companies House has been duly executed contains provisions permitting the receiver’s appointment and the proposed disposition Checking the appointment An administrative receiver cannot be appointed under a debenture or charge dated after 15 September 2003, unless the security falls within one...

This Checklist outlines the steps for registering a transfer of registered land (freehold or leasehold), or granting a new lease carved out of a registered title at HM Land Registry, covering when to submit the application, the correct HM Land Registry form to complete, and the procedure when HM Land Registry issue any requisitions arising. Is the transfer or lease a registrable disposition?...

Original news Banwaitt v Dewji and another [2015] EWHC 3441 (Ch) What issues did this case raise? This decision will interest practitioners advising judgment creditors with a charging order against a debtor’s share in jointly owned property, and anyone dealing with security over beneficial interests in land more generally. The central issue was whether a married couple, as co-owners, could have a charging order removed from the title by the wife buying the husband’s stake. The claimant had secured a substantial judgment which the debtor failed to satisfy. A charging order was then obtained over the debtor’s beneficial interest in the family home. Thereafter, the debtor and his wife transferred the property into her sole name for a modest sum. She argued the order no longer bound the title—maintaining it had been ‘overreached’ under sections 2 and 27 of the Law of Property Act 1925. The debtor tendered that sum to the claimant. However, the debtor had not obtained the claimant’s agreement in advance to the disposition and, in...

More climate change, ESG-related disputes One consistent storyline set to persist through the remainder of 2024 is the rise of disputes concerning climate change, the energy transition and environmental, social and governance principles. Historically, many cross-border arbitration cases concentrated on industries such as oil and gas or mining. Experts told Law360 that, although these sectors will still generate cases, the drivers behind them are evolving as states increasingly adopt alternative energy. On one side, disagreements are expected as international oil majors move away from agreements tied to more carbon-intensive fuels. Wade Coriell, co-head of King & Spalding LLP’s global international disputes practice, links this pivot to a confluence of factors, notably the renewed emphasis within these companies on alternative energy sources, which in turn creates space for national companies from regions including the Middle East to assume control of ongoing projects. He added that many long-term deals signed by international oil companies are now reaching their end dates...

In this issue: Forfeiture Contractual issues Repairing obligations and dilapidations Service charges Key developments and horizon scanning Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q&As Forfeiture Valuing a claim for wrongful forfeiture (Tanfield (as executor of the Estate of Paul Watkins) v Meadowbrook Montessori Ltd) In Tanfield (as executor of the Estate of Paul Watkins) v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch), [2024] All ER (D) 77 (Jul), the court threw out a landlord’s winding-up petition for £167,593.41 presented against a company established to operate a school. It held there was a firmly arguable position that the majority of the petitioned sum was not rent arrears, but consideration payable for shares in the company. The judge further acknowledged a cross-claim with a genuine prospect of success, quantified at no less than £546,000 in...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Total intestacy A total intestacy arises where none of the deceased’s estate is effectively disposed of because: no Will was made a Will was made but is invalid the Will was revoked the Will includes no disposition of the estate the Will, though valid, is ineffective, for example where the sole beneficiary died before the deceased Intestacy rules applicable on total intestacy If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) govern: all movable property of an intestate domiciled in England and Wales, wherever that property is located all immovable property situated in England or Wales, regardless of the deceased’s domicile The intestacy provisions apply to the residuary estate not otherwise disposed of, meaning what remains once all debts are settled and any valid legacies carried out. They operate only over property that could have been the subject of a Will had...

The powers of the Court of Protection The Court of Protection is empowered to make one or more decisions about the personal welfare of a person who lacks capacity (P) to make those decisions themselves. It can also appoint a deputy to take such decisions (see Practice Note: Choosing the deputy for further details), though health and welfare deputies are relatively seldom appointed, for the reasons articulated by Hayden J, then Vice-President of the Court of Protection, in Re Lawson, Mottram and Hopton (appointment of personal welfare deputies). For commentary on that ruling, see Case Analysis: Principles governing the appointment of personal welfare deputies (Re Lawson; Re Mottram; Re Hopton). A recent application of the Lawson principles led to the appointment of a personal welfare deputy—see Case Analysis: Court of Protection—when is the criteria for appointing a Personal Welfare Deputy met (Parr v Cheshire East Council & another). In another recent application by parents seeking a personal welfare deputyship for their adult child, the court reached a different view...

Precedent Transfer A flexible Word edition of the TR1 precedent can be downloaded, stored or printed using the link on this page. Drafting notes to precedent transfer General Any mention of ‘panels’ in these drafting notes refers to the panels in HM Land Registry form TR1. The TR1 is the prescribed document, under the Land Registration Rules 2003, for transferring the whole of freehold or leasehold land. Form TR1 can also be used for transfers of the entirety of unregistered land where the disposition triggers compulsory registration, or where the transferee is certain that a voluntary application for registration will be made...

Precedent Transfer An editable Word edition of the TR1 precedent can be obtained via the link directly on this page, downloaded, then saved or printed if and when needed. Drafting notes to precedent transfer – General: Any mention of ‘Panels’ in these drafting notes relates to the panels in HM Land Registry form TR1. TR1 is the prescribed instrument for transferring the entirety of freehold or leasehold land under the Land Registration Rules 2003. The form may likewise be used to transfer the whole of unregistered land where the disposition triggers compulsory registration, or where the transferee intends to submit a voluntary application for registration...

DATE [ date ] Parties [ name of First Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( First Owner ) [ name of Second Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Second Owner ) [ [ name of First Owner’s Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( First Owner’s Mortgagee ) ] [ [ name of Second Owner’s Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Second Owner’s Mortgagee ) ] 1 Definitions For this Deed, the terms below shall have these meanings: ...

Section 23 of the Land Registration Act 2002 (LRA 2002) states that: The owner’s powers concerning a registered estate comprise: authority to carry out any disposition allowed by the general law for an interest of that nature, except a mortgage by demise or sub-demise; and authority to charge the estate at law to secure the payment of money. At first glance, these powers appear extremely broad; nevertheless, it is evident that they are qualified by a constraint relating to the ability to grant charges over the land...

Where a long residential lease is extended under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) and the freehold is subject to a Form N restriction in respect of a charge to the freeholder’s lenders, will the HM Land Registry require lender consent to be submitted in order for the lease extension to be registered notwithstanding that the lease extension is pursuant to statute? A restriction entered on the register indicates that the proprietor’s power to deal with the land is constrained in some manner. Its practical effect is either to bar registration of a disposition, or to oblige the applicant to satisfy specified requirements before registration can proceed, for example by producing evidence of consent from the person entitled to the benefit of the restriction. A restriction may apply to every disposition, or be confined to a defined class of disposition. It can prevent any entry from being made permanently, for a stated period, or until a stated...

When land is subject to a charitable trust, any disposal must comply with Part 7 of the Charities Act 2011 (CA 2011). Transactions involving charity land are governed by CA 2011, sections 117–123. The charity is required to show that the proposed disposal serves its best interests and that it is being carried out on the best terms that can reasonably be secured in full...