Conveyancing Jargon


Absolute Title: This is the best of the four types of title that Land Registry can give to land

Abstract of Title: A summary of the title deeds and documents which prove title to unregistered land.

Additional Rent: A sum payable under a Lease (e.g service charges) which are to be treated as rent, giving the Landlord the same remedies as if it were rent.

Adverse possession: The occupation of land without the permission of the owner. In certain circumstances the occupier may gain title to the land.

Agreement for sale: Another name for the contract which sets out the agreement of the sale.

Alienation clause: Provision in a Lease which restricts the tenant’s rights to assign or sub let.

Apportionment: Adjusting the purchase price of land to take account of all outgoings that affect it.

Assign: to transfer a right in property over to another.

Attestation clause: The part of a document containing the signatures of the parties.

Beneficial owner: The person who is entitled to enjoy the benefit of the property.

Benefit: The right to enforce compliance with a covenant.

Bridleway: Piece of land where the public have a right of way, but not by vehicle.

Building Lease: Long Lease under which the tenant is obliged to carry out some building work on the demised property.

Building regulation approval or consent: Confirmation that the plans for proposed building work show that it will comply with the Building Regulations.

Burden: The obligation to comply with a covenant.

Caveat emptor: Let the buyer beware, emphasising that it is the sellers responsibility to discover problems with the property.

Charge: An interest in land securing the payment of a debt.

Chattels: Items of property other than land, e.g furniture.

Common land: Land over which the inhabitants of a locality can exercise rights.

Common parts: The parts of a development used in common by all the occupiers.

Conveyance: Document used to transfer property from one party to another.

Corporeal hereditament: Physical property

Counterpart Lease: A lease is generally drawn up in two parts, the Lease signed by the Landlord and the counterpart signed by the tenant.

Covenant: An obligation entered in to by a land owner.

Deed: A document executed in accordance with various formal requirements.

Defective title insurance: Insurance taken out to protect a buyer and/or lender against the consequences of a specified defect in title.

Disbursements: Payments made by a solicitor on behalf of the client.

Dominant tenement: The piece of land that benefits from an easement.

Easement: The right over a piece of land for the benefit of another e.g a right of way.

Enfranchisement: In Leases the process of tenants acquiring the Freehold to their land.

Epitome of title: A chronological list of all documents which prove title to unregistered land.

Fixtures: Items affixed to the land which become part of it.

Forfeiture: A landlord’s right to terminate a Lease early due to a tenants failure to comply with their obligations.

Good leasehold title: Guarantees the ownership of the lease, but not that the landlord had the right to grant that lease.

Head lease: A lease granted directly by a freeholder.

HMRC: Her Majestys Revenue and Customs. The government department responsible for the administration and collection of taxes.

Incorporeal Hereditament: An intangible right over land.

Incumbrance: An adverse right affecting a property.

Lease: Used interchangeably to mean a Leasehold interest in land and also the document creating that interest.

Managing Agent: Someone appointed to oversee the day to day running of a property.

Official Copies: Copies of the registry entries relating to a property.

Party wall: A wall or fence owned jointly by adjoining land owners over which both have rights and responsibilities.

Possessory title: Title granted when owner lost title deeds, or has acquired the property through adverse possession.

Public Highway: A road over which the public have rights to pass on foot and with vehicles.

Rentcharge: A sum of money payable by the owner of freehold land.

Reversion: The interest which the Lessor pays after the grant of a Lease.

Stamp Duty Land Tax: Tax payable to the government on the purchase of a property or the Transfer of a Lease.

Telegraphic Transfer: Term still used to signify the transfer of money from one bank account to another.

Tenant: The person to whom a Lease is granted.

Title: The ownership of a piece of property.

Transfer: The document used to pass the ownership of land to another.

Tree Preservation Order: An order made by the local planning authority preventing the felling or lopping of trees without permission.

Vacant possession: No tenant or other person in occupation.

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