Freehold meaning

Use this checklist when representing the seller in the disposal of a registered freehold residential property, whether offered with vacant possession or burdened by a lease or multiple leases. It is not comprehensive and will not address every eventuality in every transaction. You should always consider if there are additional matters that require attention. It does not purport to be a complete guide for every case. Preliminary matters Have you taken instructions from the client? Robust due diligence and effective transaction management depend on a clear grasp of the seller’s objectives and the proposed sale terms. Obtain full instructions, and clarify any elements of your brief that are unclear or out of the ordinary. Consider whether further specialist input is required; for example, planning advice where completion is conditional upon planning permission being secured. The table below sets out some of the principal points on which instructions should be obtained at the outset. This list is not comprehensive, and you may need to request information about additional...

Funder’s primary objective When a buyer takes property subject to overage and seeks finance secured on that asset, a funder will require assurance that the overage provisions do not obstruct or curtail enforcement of its security. The lender must be confident its charge constitutes sound security over the property. Property and associated rights Assess the character of the site to be charged. Where it forms part of a broader development, consider whether, on a power of sale being exercised, the property will depend on rights over adjoining land held (or to be acquired) by the buyer, such as: rights of way rights concerning service media rights of support If such rights are necessary, agree a form of deed of easement to be annexed to the charge, and allow the funder to require grant of that easement when needed. Also examine whether the seller’s chosen mechanism for securing the overage is acceptable to a funder...

This Checklist This Checklist outlines which provisions in a lease and other relevant associated documentation should be carefully examined to ascertain whether a right of light subsists. A right of light is an easement granting a landowner the entitlement to receive natural light through an opening in a building on its land. The owner of the land encumbered by that right (the 'servient Building') must not impede or disturb it without first obtaining consent. For any proposed development, it is therefore essential to identify neighbouring properties that could be enjoying a right of light (the 'dominant Building'). For further information on rights of light, see the following Practice Notes: Establishing and maintaining rights of light Rights of light—obstruction notices Rights of light claims Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, meaning that those with less than a freehold interest can acquire a right of light in their own...

During any due diligence on acquiring a leasehold interest in land, it is vital to review whether the tenant may assign, underlet, or charge the premises. Provisions that are too restrictive may: adversely affect the buyer’s ability to dispose of their interest in the property in the future create a burden for day-to-day property management impact the overall value of the property to the buyer This Checklist is directed chiefly at leases granted for a reasonably long term at an annual market rent. For further guidance on: building leases, see Practice Note: Building leases—alienation side-by-side or geared rent leases, see Practice Note: Headlease rent linked to underlease rents long leases granted for a premium at a peppercorn rent where the leasehold interest is virtually equivalent to a freehold interest, see Precedent: Long lease of whole of commercial premises at a premium Assignment Can the tenant assign the lease and is the landlord’s consent...

In this issue: Contract law Building safety Litigation Arbitration Tax for construction lawyers Standard form contracts Construction industry news Daily and weekly news alerts New and updated content Construction trackers Contract law Employer deemed out of time in issuing a notification on the Monday after a Sunday deadline (My Contracts v 74 Hamilton Terrace) In My Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC), the TCC issued a declaration at the contractor’s request concerning the construction of a clause that imposed a deadline for the employer to notify costs for which the contractor was responsible. The court concluded the employer missed the deadline by serving the notice on the Monday immediately after the final day for service, which had fallen on a Sunday. Central to the decision was that the clause made no provision for the period to be calculated by reference to ‘Business Days’. See News Analysis: Employer...

In this issue: Key developments and horizon scanning Transferring property Property insolvency Property taxes Easements, rights and covenants Property in Scotland Leasing property LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024 The Leasehold and Freehold Reform Act 2024 (LFRA 2024), which gained Royal Assent on 24 May 2024 and featured in last week’s highlights, has now been published. Sections 113 (controls on remedies for arrears of rent charges), 117 (recovery of legal costs etc through service charge), 118 (repeal of section 125 of the Building Safety Act 2022) and 119 (higher-risk and relevant buildings: insolvency notifications) take effect two months after Royal Assent (24 July 2024). The rest of LFRA 2024 will commence by regulations to be made by the new government after the election. See: LNB News 04/06/2024 14. ...

In this issue: Key developments and horizon scanning Residential property Property management Property development Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Law Society responds to Leasehold and Freehold Reform Bill amendments The Law Society has signalled its backing for newly tabled changes to the Leasehold and Freehold Reform Bill (which had its second reading on 27 March 2024—see the Trackers section below). The revisions would curb the sale of new leasehold houses and ensure every new home in England and Wales is freehold from day one, save in exceptional cases. Nonetheless, Law Society President, Nick Emmerson, noted that, without current moves to advance commonhold tenure, the Society supports the Law Commission’s 2011 recommendations to modernise freehold law, enabling houses on managed estates to be sold as freehold with greater ease, and he urged government...

This Practice Note examines enquiries before contract—also referred to as pre-contract enquiries, preliminary enquiries or standard enquiries—within residential conveyancing transactions. It proceeds on the basis that the parties have adopted the Law Society Conveyancing Protocol (2019) (the Protocol) and that the buyer’s conveyancer is additionally acting for a lender in line with the UK Finance Mortgage Lenders’ Handbook (the UKFML Handbook) or the Building Societies Association Mortgage Instructions (the BSA Instructions). See Practice Notes: The Law Society’s Conveyancing Protocol and Lenders' instructions—the UK Finance Mortgage Lenders' Handbook and the Building Societies Association Mortgage Instructions. Why raise enquiries? At common law, the guiding doctrine is ‘caveat emptor’—‘let the buyer beware’—so a seller has only a limited duty to disclose information about the property. It is principally for the buyer to ensure they understand what they are purchasing, including the nature of the property and any rights or liabilities that may attach to it. Accordingly, a buyer’s conveyancer raises enquiries before contract to secure information about the property...

This Practice Note looks at how to obtain official copies of the registers and plans maintained by HM Land Registry (HMLR) in respect of individual registered titles relating to freehold and leasehold land in England and Wales. It sets out how to obtain official copies where you have only: the title number or the property’s address the property’s location, or the name of the registered proprietor Property practitioners ought, as a matter of routine, to secure up-to-date official copies of all relevant title documents at the outset of a property transaction. Practitioners in other areas may likewise find it helpful or necessary to obtain official copies when involved in transactions concerning property...

People incur liabilities-arising from contracts, covenants, debts and duties-and, in broad terms, these do not lapse on death but can be pursued against the estate. Even if the personal representatives (PRs) did not join the original arrangements, they ought to appreciate potential exposure to avoid litigation (Hambly v Trott (1776) 1 Cowp 371). The consequences of this survival turn on the nature of the obligation. Personal contracts Ordinarily, a contract is not dissolved by a party’s death. However, for contracts of a personal character, the rule is displaced unless there was a pre-death breach. Thus, an employment contract ends on the death of either employer or employee, and a commission for creative work ceases on the artist’s or author’s death. Although the contract may come to an end, any earned but unpaid remuneration due to the testator endures and the PR may bring proceedings to recover it. Freehold land and buildings Provided there was a binding, enforceable contract at the...

I, [ name ], of [ address ], do solemnly and sincerely state that: [ I have worked for [ name of owner ] (‘the Owner’) for [ number ] years. During the past [ number ] years I have occupied the role of [ description ]. I am completely familiar with the matters addressed in this statutory declaration. OR I am [ a partner in OR employed by ] [ name of firm ], a practice of [ chartered ] surveyors which, since [ date ], has been continuously engaged by [ name of owner ] (‘the Owner’) to [ manage and act as agent OR collect the rents and other income and pay the outgoings OR [ other ] ] for the Owner in connection with the Property (as defined below). I have personally [ carried out AND/OR supervised ] that work since [ date ]. I am thoroughly acquainted with the matters addressed in this statutory declaration. ] The Owner is the [...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 was granted Royal Assent on 27 October 2025. For advice on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Use this schedule to gather information on occupiers, occupation status, critical dates, notices to be issued, and principal points when planning a vacant possession strategy for a redevelopment. This Precedent is supplied in Excel format and can also be accessed via the link on this page. Note that the schedule has been created in Excel and therefore it cannot be downloaded into Word. Vacant Possession strategy—drafting notes If the development contains more than one freehold or superior leasehold interest, you may insert extra headings to divide the schedule into further sections where appropriate. Colour code: Sample colour coding has been applied to the first few rows as an example. Landlord: The named landlord should cover both: the direct landlord the...

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...

The general rule The general rule is that when a buyer of a freehold interest enters into covenants with the seller, although the burden of restrictive obligations will in many instances bind a successor in title, positive duties requiring the covenantor to act do not run when the freehold is conveyed. A rentcharge operates as a device by which a monetary duty can pass to the successor of the initial buyer. There is no issue, as a matter of contractual privity, in imposing on the purchaser a contractual obligation to pay the seller for the supply of services relating to the land; however, matters become more intricate once the seller transfers the freehold estate to a third party. The rentcharge nonetheless entitles its holder to demand regular periodic payments of money from the owner of the freehold estate. It is not a mortgage, because it does not function as security for a debt...

No estate will be placed on the register until any existing caution has been properly resolved. Should an application to register be lodged, HM Land Registry (HMLR) will alert the cautioner and advise them of their entitlement to oppose it. The cautioner may then submit an objection within the stipulated timeframe. As provided by the Land Registration Rules 2003, SI 2003/1417, r 53, that period usually expires at 12 noon on the 15th business day following the issue date of the Registrar’s notice, unless a different arrangement is agreed. Nevertheless, the cautioner may ask the Registrar, with reasons, to allow extra time. Any such request must be lodged before 12 noon on the 15th business day after the Registrar’s notice is issued...

This Q&A raises the issue of the extent to which a person who takes an assignment of the reversion to a residential lease is able to recover rent which fell due before the date upon which it takes effect Upon serving the tenant with notice of assignment of the reversion, the assignee’s rights depend on when the residential lease was granted: Leases granted before 1 January 1996: under section 141 of the Law of Property Act 1925, the assignee is entitled to rent falling due in the future. In addition, as established in Re King, the assignee may pursue arrears that accrued before the assignment, and once the transfer takes effect, the outgoing landlord’s ability to recover those sums is lost. Leases granted on or after 1 January 1996: the Landlord and Tenant (Covenants) Act 1995 applies. By virtue of LT(C)A 1995, section 3(3)(b), an assignee of the reversion is entitled to rent which becomes payable after the assignment takes effect. In...