What's The Name of That Legal Thingy?

Post on 11-May-2015

14,781 views 4 download

Tags:

description

What's the Name of That Legal Thingy? An A-Z Guide Through Conveyancing Jargon

transcript

CONVEYANCING IS The process of transferring the legal ownership of a property from one owner to a new owner.

The Conveyancing process has developed over many hundreds of years.

Inevitably, there are technical words or phrases

which you might not have come across.

Many Conveyancing Solicitors still use jargon and old-fashioned phrases

hereinbefore

& aforesaid mentioned

YUK!

Plain English

Occasionally, you will find some Conveyancing Solicitors who promise to speak in…

We at Clutton Cox do at least.

A – Z Guide for you in Plain English to help explain Conveyancing Jargon.

Contract for Sale: The legal document which sets out the terms of the sale and purchase of the

property. There are two Contracts for Sale issued: one for the Seller to sign and one for the Buyer to

sign. A legally binding agreement takes place when there is an Exchange of the signed

Contracts. A Contract is not valid without an agreed Completion Date.

Caveat Emptor: It means “Let the Buyer Beware”. A Buyer must make all enquires and

surveys before committing to buy a property.

The only bit of Latin (we promise)

zzzz

Easement: A right benefiting one property over another, such as a right

of way on foot and/or for vehicles.

Leasehold: Ownership which is time dependent and subject to more restrictions

and obligations than freeholds e.g. flats which can run for 99 up to 999 years.

Guarantor: Someone who agrees to pay a mortgage on a property in

the event that the borrower/owner defaults on payments.

Usually this is a parent or guardian.

Thanks Mum and Dad!

The alternative is Tenants in Common: The owner owns a specific percentage of the property and its proceeds of sale e.g. 50/50 60/40

= =

Not many people know this, but the word

derives from the Norman French meaning literally,

“death pledge”.

Official Copies of Register & Plan: Official copies of the registered title to a property from the Land Registry showing who owns a property what

rights and what restrictions apply and what mortgages if any are outstanding on the property.

Pardon me…

A Rentcharge only relates to freehold property and is not to be confused with Ground Rents which only relate to

Leasehold properties.

£

Registered Land: Property (freehold and leasehold) where proof of ownership and matters

affecting the property have been authenticated (registered) by the Government Department

known as the Land Registry.

£

You: The most important person as far as we are concerned. Not us, not what we do, but YOU.

Z

Z

Here ends (phew! Almost wrote “endeth”) the first lesson.

By the power of the Internet, this

presentation is available for sharing. We would love it if you shared this with your

family, friends, and colleagues.

Clutton Cox Solicitors are based in Chipping Sodbury, Bristol but we really do cover all of

England and Wales.

Follow Us on Twitter @cluttoncoxlegal Or Just Plain (see what we did there) get in touch

info@cluttoncox.co.uk

01454312125