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You are likely to find that the contract for the sale of commercial property incorporates the Standard Commercial Property Conditions (Second Edition) and specifies, again, that the property is sold âwith vacant possessionâ or subject to a specific lease.f you seek to provide vacant possession then you must ensure that you pass the two fold test mentioned above and in particular: 1  You must leave the property and ensure that your family/employees leave and, indeed, anyone else-such as trespassers. 2  Take all your goods with you.
Open and Notorious Possession: Possession that is held by an adverse possessor in a manner that the true owner of the property would be likely to discover in the ordinary course of events or in the ordinary course of the true owner inspecting his or her property.) the possessor must have actually entered the property and must have exclusive possession of the property; 2) the possession must be âopen and notoriousâ; 3) the possession must be adverse to the rightful owner and under a claim of right; and. 4) the possession must be âcontinuousâ for the statutory period.