ACCEPTANCE
The document that you will need to sign and return to a lender if
you wish to accept the lender's mortgage offer.
AGRICULTURAL
COVENANT
This is a planning condition which permits the erection of a residential
dwelling providing it is occupied by a person employed or associated with
working on the land. Properties subjected to such a covenant are effectively
"blighted" by this stipulation and values are relatively low because they
cannot be sold to anyone who fails to meet the conditions imposed, unless
the planning authorities agree to lift the covenant.
APPLICANT
The term by which a potential purchaser is often referred to by estate
agents.
BENEFICIAL
OWNER
Person owning lands and entitled to it for his own benefit. Not, for
instance, a trust that holds the land for the benefit of another.
BRIDGING
FINANCE
A purchaser under certain circumstances may wish to complete the
purchase of a property whilst still offering his own for sale. Lenders
will advise as to whether the necessary temporary finance can be made
available.
CAUTION
Entries on the land register protecting the interests of a third party.
Any application for first registration of title is notified to him whereupon
he can take appropriate action to protect his interests.
CHARGE
If a property owner uses his security in the property to service
a loan, a charge is registered and certified. This entitles the lender
to be regarded as a secured creditor to be paid out of the proceeds of
a sale in the event of a default on the loan.
CHARGE
CERTIFICATE
A certificate issued to a lender by the Land Registry giving evidence
of the lender's charge over the property.
CHIEF
RENT
A payment made on freehold land to the original freeholder forever.
Distinct from ground rent which has a limited period.
COLLATERAL
Property pledged as a guarantee for the repayment of a loan.
COMMISSION
OR FEE TO THE ESTATE AGENT
The sum of money paid to the agent, usually on or within two weeks
of completion, although legally it is payable on exchange of contracts.
COMPLETION
The finalising of the sale when all the monies are passed over and
the purchaser gains access to the property.
CONTRACT
Entered into by the vendor and purchaser of a property which only
becomes binding on exchange of contracts, i.e. when both parties have
signed the contract and the purchaser has handed over the agreed deposit
(if any) to the vendor.
CONTRACT
RACE
Involving two or more purchaser wanting to buy the same property.
Either purchaser or vendor can instigate it although usually it is the
latter. The winner is the first purchaser to exchange contracts.
CONVEYANCING
The legal process transferring ownership from vendor to purchaser.
COUNTY
COURT JUDGEMENT (CCJ)
Whenever someone fails to pay for something and is subsequently taken
to court, the magistrate may issue a County Court Judgement against that
individual to pay the outstanding debt. It will only be removed once the
debt is cleared.
COVENANT
A legal requirement of the owner to do, or not to do, something in
relation to the property. For example; restrictions on its use, changes
to its appearance.
DEEDS
All the legal documents relating to the property.
DELAYED
COMPLETION
Completion can take place anytime after exchange of contracts. However,
if it is longer than 28 days it is referred to as delayed.
EASEMENT
A right over or under land granted to someone who is not the owner.
ENGROSSMENT
The formal and final version of a document prepared by a solicitor
in readiness for signing and sealing following agreement of the final
draft between the parties.
EQUITABLE
INTEREST
Legal rights in a property that do not include the right to sell
its legal title.
EXCHANGE
OF CONTRACTS
This is the stage when the buyer and seller exchange signed, binding
contracts of purchase and sale. Both then become committed to complete
the transaction.
EXECUTION
Signing, sealing and delivering a deed in front of an independent
witness.
FIXTURES
& FITTINGS
Any items that are to be included in the sale, e.g. carpets, curtains,
curtain rail, wall lights etc.
FLYING
FREEHOLD
A flying freehold is formed when part of a freehold property overhangs
a different freehold property or land.
FREEHOLD
Absolute ownership of land with or without Chief Rent.
GAZUMPING
A term used to denote a situation where the vendor has accepted an offer
but subsequently accepts a higher offer from another purchaser.
GAZUNDERING
A term used to denote a situation where the purchaser lowers his offer
immediately prior to exchange of contracts.
GROUND
RENT
This applies only to Leasehold properties and is a sum paid annually
to the Freeholder by the Leaseholder.
IMPROVEMENT
GRANT
A grant made by the local authority towards the cost of repairing
or improving property. Further information with regard to grants is available
from your local council.
INSTRUCTION
This term is used when the estate agent is formally instructed by
a property owner to market the property, usually by private treaty, in
order to find a purchaser. The resulting contractual agreement confirms
the terms under which the instruction is offered by the vendor and accepted
by the estate agent.
JOINT
TENANTS
Two or more people holding property as co-owners. When one dies, his
share of the property automatically passes to the survivor(s). See also
'TENANTS IN COMMON'
JOINT
SOLE AGENCY
A situation where two agents are acting as sole agents, the commission
being divided equally, no matter who sells the property. See also 'MULTIPLE
AGENCY'
LAND
CERTIFICATE
A certificate issued by the Land Registry as proof of ownership.
LAND
REGISTRY
A Government department where details of properties with a registered
title are recorded along with any charges e.g. mortgages.
LEASE
Ownership of property by way of a leasehold interest for a fixed term,
usually with an annual ground rent.
LEASEHOLD
Ownership of land (normally for a fixed period) subject to an annual
payment of a ground rent to the owner of the freehold. Usually a leasehold
property is a flat or maisonette, although in some areas conventional
houses and bungalows of a leasehold tenure exist.
LESSOR
He who grants a lease - the landlord.
LIEN
The legal right of one person to hold the property of another as security
for a debt.
MAINTENANCE
CHARGE
A charge made, usually annually, by the landlord, to cover the costs
of maintaining the property as set out in the lease.
MORTGAGE
Loan for which property is the security (usually for house purchase).
MORTGAGE DEED
The document enshrining the conditions of a loan secured on a property.
MORTGAGEE
The lender.
MORTGAGE
OFFER
The letter from the lender offering you the loan and setting out the
terms and conditions upon which it is offered.
MORTGAGOR
The borrower (whose property is secured for the loan).
MULTIPLE
AGENCY
A situation where two or more agents are acting for the vendor. The
agent who introduces a successful purchaser is the only one paid. See
also 'JOINT SOLE AGENCY'
OFFER
(England & Wales)
A presentation of intent to purchase a property, at a price.
PART-POSSESSION
The term used, when a property is being sold, where a tenant has legal
right of occupation.
PEPPERCORN
RENT
A term used to denote a ground rent of a trivial amount.
PRELIMINARY
ENQUIRIES
A set of questions raised by the purchaser's solicitor and sent to
the vendor via his solicitor, prior to exchange of contracts.They ask
for clarification of specific points about the property which is being
sold and the present vendor's ownership of it.
PRIVATE
TREATY (FOR SALE BY)
The sale of property by private treaty is the method employed by most
estate agents, preparing descriptive details of the property and quoting
a definitive asking price. Details are circulated: potential buyers may
view the property and either agree to buy at the asking price or submit
an offer to purchase. Agreement to buy at this stage (for England and
Wales) is subject to formal contracts being prepared between the vendor
and the purchaser and those contracts being signed and exchanged between
the two parties.
PROBATE
The official process of proving a will is valid. In many cases part
of the estate will involve a property, which might need to be valued for
Inheritance Tax purposes. A probate valuation is generally a negotiated
value with the district valuer representing the Inland Revenue. A sale
cannot proceed to exchange of contracts until probate has been granted.
REGISTERED
LAND
Land (including buildings on it) the title to which is registered
at the Land Registry and legal ownership is guaranteed.
RETENTION
An amount held back from the initial loan by the Lender until certain
repairs or improvements have been completed or in some cases to cover
possible road charges on a new estate.
RIGHT
OF WAY
An individual's legal right to use any particular part of a property,
in order to gain access to any particular part of his own property.
SEARCHES
A term used to denote the physical and written procedure for determining
any adverse effects in / on a particular property, whether already in
effect or planned to take place.
SITTING
TENANT
To occupy the property as tenant, but have legal rights without a
lease. Any sale would be subject to any rights of a tenant who has occupation.
SOLE
AGENCY
Where only one agent has the authority to sell the property. This
does not affect the owner's right to sell privately.
SOLE-SELLING
RIGHTS
Where one agent has complete control of the sale, and is entitled
to his fee however the property is sold.
STAMP
DUTY
This is the tax paid by the purchaser of a property to the Government.
Currently based on 1% of the purchase price on any sales exceeding £60,
000, 2.5% of the purchase price on any sales exceeding £250, 000 and 3.5%
of the purchase price on any sales exceeding £500, 000.
SUBJECT
TO CONTRACT
A phrase used as a provisional agreement before contracts have been
exchanged where either party may still withdraw from the transaction.
SURVEY
Available in three types :- Valuation, Home Buyers and Structural.
Inspection of the property by an independent surveyor.
TENANCY
AT WILL OR LICENCE
After exchange of contracts a purchaser may seek to take possession
of a property before financial, legal completion. This could be to carry
out repairs and decorations or to take up residence early. This can often
be organised and a licence arranged between both parties' solicitors.
The purchaser paying an appropriate rate of interest on the balance of
the outstanding monies (i.e. purchase price less deposit paid) instead
of rental.
TENANT
Person who is in possession of a property usually by way of lease.
TENANTS
IN COMMON
Two or more people holding property as co-owners. When one dies, his
share of the property automatically passes to his estate. See also 'JOINT
TENANTS'
TENDER
- FOR SALE BY
This is the situation where the asking price is not actually stated,
but offers (in writing) are invited. Details of the property are prepared,
circulated and advertised. The closing date for the tender is noted. In
most cases the vendor will reserve the right to refuse the highest offer,
thereby not being committed to sell. Offers tendered are usually opened
in the presence of the vendor's solicitors, at a prescribed date and time.
An acceptance of an offer by the vendor constitutes an immediate contract,
and in most cases, the party tendering will have made their financial
arrangements and have had a structural survey carried out in advance.
TENURE
Whether a property is freehold or leasehold.
TITLE
The rights and liabilities that attach to the property.
TITLE
- ABSOLUTE
The highest form of tenure available.
TITLE
- ABSTRACT OF
A summary of title documentation used in the conveyancing of unregistered
properties to prove that the vendor has the right to sell.
TITLE
DEEDS
Legal documents describing the rights and liabilities that attach
to the property and prove ownership of property.
TITLE
REPORT ON
Solicitors' certificate confirming that the title to the property
is acceptable. A Lender must have one before an advance cheque for the
mortgage monies can be issued.
UNADOPTED
ROAD
A road which has not been accepted by a Local Authority possibly as
a result of it not meeting the standards laid down (e.g. road surfaces,
drainage, etc.).This indicates the possibility of a road charge liability
if and when the road is adopted.
UNDER
OFFER
When the vendor has acceptanced an offer for his home but contracts
have not yet been exchanged. Either party may still withdraw from the
transaction.
VACANT
POSSESSION
The previous occupants must vacate the property before you move in,
including any tenants.
VENDOR
The owner of the property to be sold.
WRIT
OR SUMMONS
Mode of commencing legal proceedings.