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A document listing the documents of title which set out the history of ownership of a property.
A road maintained by the local authority which is subject to public rights of way.
A formal document required to transfer ownership of property to the beneficiary entitled to the property following the death of the owner.
Someone appointed formally to act on behalf of another either generally or for a specific purpose.
A search of the Land Charges Register to see if any bankruptcy proceedings are pending or established against a person.
See mortgagor.
A search to establish if a property might be affected as a result of salt workings near the property.
Approval by the local authority on the design, structure and materials used in building work. This is not the same as planning permission.
Where a person selling a property is also buying another this is a chain of transactions and some chains can have many links.
A search at the local authority to check the property is not registered as common land or part of a village green.
A written calculation of all the receipts and payments due in respect of a conveyancing transaction.
Land affected by contamination which could arise from a past use of a property (e.g. land fill) or by things stored on the property in the past (e.g. oil tanks).
The form of legal agreement prepared in duplicate for signature by the seller and buyer setting out all the legal rights and obligations agreed between them when a property changes hands.
In unregistered conveyancing a document transferring ownership of a property from one person to another.
The legal work needed to buy, sell and grant mortgages over properties.
A promise contained in a deed. The most commonly found covenants are restrictive covenants which are obligations not to do certain acts at a property – eg not to use a house for commercial purposes.
A document confirming an agreement to pay or do something.
A document transferring the ownership of property from one person to another without any payment being made for it.
A document used where one person agrees to be responsible for someone else's debt or mortgage obligations if that person fails to carry out their own obligations.
Where a mortgage lender agrees to their mortgage ranking second or third after another lender's mortgage.
The official documents confirming who owns a property which are in the possession of the owner or mortgage lender if the property is mortgaged.
The agreed amount to be paid on exchange of contracts usually ten percent of the purchase price and usually kept by the seller if the buyer fails to complete.
Payments made on your behalf e.g. search fees.
Rights over another property close to the one you own – for example a right of way or the right to park a vehicle. They may be expressly granted and set out in a lease or other title deeds or acquired prescriptively – ie through long usage
A search against a property to check whether the property is contaminated land or in an area subject to other environmental issues.
The difference between the value of a property and the amount owed to the mortgage lender.
The formal exchanging of the two parts of the contract when the seller and buyer become legally bound to complete their transaction on an agreed date.
A list completed by a seller of the items in the property which are to be left as part of the sale price and which is attached to and forms part of the contract.
This arises when part of one property is built on top of part of another property and so the upper property owner does not own the building or land underneath the "flying" part. Consequently the lower property is known as the "creeping" part.
Ownership of land for an unrestricted period of time
The person who owns the freehold title.
An assurance by the owner of unfettered ownership.
In leasehold property a sum of money paid regularly by a lessee to a lessor.
A search at Land Registry of the Index Map can be made to establish if a property is registered or unregistered.
In unregistered conveyancing a search at the land charges register to see if any third party interest exist against the property which could be binding on its new owner
A government organisation responsible for maintenance of a register of properties and their ownership in England and Wales.
The fee payable to the Land Registry to register any change affecting the property including a change of ownership or a new mortgage.
A search at the land registry to check that no new charges or interests are registered against the property since the initial title investigation took place.
See Lessor.
Where a property is leasehold this is the document giving the lessee the rights to possession of the property for the lease term and setting out all the rights and obligations of landlord, tenant and sometimes management company.
Where the ownership of property is for a limited period only. For example 99 years or sometimes 2000 years.
See Lessee.
See Mortgage.
See Mortgagee.
In leasehold property ownership the lessee is the person who owns the property for a limited period of time and may be required to pay rent to the owner of the superior title
The person who owns the superior title and is entitled to the ground rent under the lease and possession of the property at the end of the lease term. Often (but not always) the freeholder.
This is the title guarantee given by a seller where because of their limited knowledge of the property the full title guarantee cannot be given (e.g. a personal representative of a deceased owner or a mortgagee in possession).
A search carried out at the local authority to check whether there have been any notices registered affecting the use of the property, any planning breaches or breaches of the building regulations or any proposals for the neighbourhood which may directly affect the property.
A search to check whether the property may be affected by coal mining activity which may result in subsidence.
A loan to buy a house or flat where the mortgagee lends the mortgagor money in return for a legal charge being registered against the property to ensure that the loan must be repaid before the property can be sold.
The document signed by the mortgagor to create a legal charge which the mortgagee can register at the land registry.
The details of the terms upon which the mortgagee is prepared to make the mortgage loan.
The length of time agreed for the repayment of the loan.
Where a property has been charged by the owner or mortgagor to the mortgagee.
The mortgage lender – ie somebody who gives someone a mortgage (e.g. a bank or building society).
Somebody who takes out a mortgage (a borrower).
Any person who lives at the property but will not be signing the mortgage deed will be asked to consent to the mortgage being taken out and agree to move out if the mortgagee takes possession due to the default of the mortgagor. Many lenders will require the occupier to take independent legal advice on signing the form of consent.
A wall or fence or other boundary marker owned jointly with a neighbour and repairable at shared expense.
Approval by the local authority to the demolition, building or change of use of a property or extension or other building works carried out to an existing property.
The document to be signed by somebody to appoint somebody else to act as their attorney.
A road maintained by property owners rather than by the local authority. The property owners need to have rights over it as it is not necessarily a public access.
A document completed by a seller to give information about the property to the buyer.
The buying of a property.
A naturally occurring radioactive gas which may if above certain safety levels require preventative action to be taken (e.g. more ventilation in a property).
The repayment of an existing mortgage.
Property which has already been registered at the Land Registry.
Changing a mortgage from one mortgagee to another.
An annual payment that must be made by the owners of some freehold properties similar to rent on a leasehold property.
In connection with leasehold properties on-going payments required by a lessor or managing agent to cover the costs of maintaining and running a development (e.g. gardening and decorating and also insuring a block of flats).
An order made by the local authority designating an area to be one in which only smokeless fuels may be burnt (i.e. not coal or wood).
A tax paid to the government on the purchase of a property over a certain value.
Where a property moves due to inadequate foundations or severe change to the underlying ground resulting in an instability in the structure of a building often evidenced by cracks in walls.
An inspection and report on the property by a surveyor as to the state of the property and value.
An order made by the local authority designating a tree or group of trees as protected and requiring the local authority's permission to lop, top or fell them.
A document transferring ownership of a share or interest in a property from one person to another.
A document which transfers ownership of a property from one person to another.
See Deeds.
The owner's right to a property.
A search to establish whether the property may be affected by tin mining activity which may result in subsidence.
See Lessee.
Where the title to a property has not previously been registered at the Land Registry and ownership is proved by the production of a complete chain of title documents showing successive ownership.
A very simple form of survey designed to establish the market value of the property carried out by a mortgage lender.
Possession of a property free of the presence of any people, possessions or rubbish.
A formal agreement entered into with a property owner to give a service provider (e.g. Electricity or Telephone company) a right for their pipe or cable to pass through or over their property.
Mr and Mrs X were long-standing clients of the firm and introduced their daughter, Victoria to us when she wanted to buy her first flat. Victoria had an interesting but low paid job in a creative industry so mum and dad were resigned to the fact that they would have to pay her deposit help her get a foot on the housing ladder...
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We have put together a list of frequently asked questions regarding property law for your convenience...
FAQs
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