Property Law and Commercial Leases

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In Brief

For most individuals, purchasing real property or entering into a lease are important moments in their personal and professional lives. Real Property law has been developed to protect buyers and sellers, tenants, and landlords whether the property underlying the transaction is residential or commercial. Real Property Law also affects the rights of third-party lenders, neighbours, and licensees. Not surprisingly, the law in this area is made up of many complex rules which aim to protect the rights of all parties and carefully balance these rights to achieve fairness and a just outcome. 

The UK Parliament has passed several statutes to regulate relationships between all interested and affected parties involved in property transactions. The Law imposes strict requirements to ensure transparency and accountability.

The Land Register has been set up to act as a ‘mirror image’ recording all changes in ownership, interests of tenants, those of lenders and third parties. The Register aims to reduce the time it takes to investigate title and the risk of deeds being lost or destroyed. It allows a party to proceed with their transaction with the assurance that they are aware of all matters affecting the title of the property in question.

What’s in this module?

History of Land Ownership in UK>> learn about residential property rights, types of estates and interests, how to distinguish a chattel from a fixture  

Ownership of Land >> examine the types of ownership and the difference between joint tenants and tenants in common, easements, mortgages, adverse possession, and the impact of Home Rights

Residential Leases>> study the rights of tenants and landlords, the various rights, and obligations, how a Lease may end, and the protection offered by the Human Rights Act

Commercial Leases >> learn about the most important covenants in a commercial lease, and Forfeiture  

  • Exercises
  • Case Study
    • A Precedent -making case in common law
      • details and judgement
      • why the case is important
  • Writing Corner
    • Writing an advice for a client
    • Advice from a solicitor to a Lessee