Commercial Property

Where an owner chooses to register unregistered land. There is no compulsory requirement to register unregistered land at the Land Registry unless a “trigger event” such as a sale, mortgage or other transaction occurs. There can be benefits of having your land registered, such as a state-backed guarantee, protection against fire and lost Title Deeds. The Land Registry offers a reduced fee for voluntary registrations.

A search of the local water authority to confirm whether the property connects to the public sewer and water main and the route of these to ensure that there are proper arrangements to deal with any private sections.

A written agreement between an owner and a service provider such as an electricity or telephone company to give the company a right for cables or pipes to pass over or under the property.

The owner’s documented right of ownership of a property (whether or not they actually live there).

A dealing with property such as a sale, purchase or remortgage.

A Transfer is a legally binding document that transfers the ownership of the property as per terms set out therein. The transfer is registered at the Land Registry allowing them to effect the transfer of the title.

Although strictly speaking this term relates to the transfer of the beneficial interest in the property, it is often used to describe the situation where someone is added to or removed from the title to a residential property and at least one original owner remains. If there is a mortgage on the property, the consent of the mortgage company will usually be required unless a new mortgage is taken out at the same time.

An order made by the planning authority identifying a tree or group of trees as protected and requiring the authority’s permission before any branches may be removed or the trees felled.

Undertakings are a common part of the legal process, and are defined as a legally-binding promise to do, or not do, something.

A title to a property that has not been registered at the Land Registry. The title will consist of a lot of documents including old style conveyances and other documents.

When buying or selling a property, vacant possession means that the property is empty on the day of completion, and the sellers or tenants have moved out and taken their belongings or equipment with them.

A very simple form of survey designed to establish what a property is worth and nothing more.

Another word for “seller”.

A designated urban area where the use of bonfires and open fires, and in some cases log burners, is very limited. Where fires are permitted, there may be strict rules governing which fuels may be burned. Smoke control areas were introduced to improve air quality in built-up areas. Transgressing the rules of smoke control areas can result in substantial fines.

Stamp Duty Land Tax (SDLT), often simply referred to as stamp duty, is a tax paid by the buyer on the purchase of land or property. It is charged as a percentage of the purchase price. The threshold at which SDLT kicks in, and the precise percentage charged, varies depending on whether it is residential or non-residential and who is buying the property. For example, first-time buyers enjoy a higher threshold for SDLT, a measure introduced to reduce the obstacles for those trying to get onto the property ladder.

A written declaration (statement) signed before a Justice of the Peace or a person who is authorised to administer oaths (such as a solicitor) but which is not sworn on any religious book (not “made upon oath”).

In conveyancing matters this is a document similar to a statement made under oath (affidavit), however, it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available – for example the use of a right of way.

Where a property or parts of it move or sink, either due to poor construction or movement in the ground on which it is built.

An inspection of a property to assess its condition and identify any defects that may affect its value. There are three different types of survey – a basic valuation, which is usually carried out by a lender for mortgage purposes to confirm that the property would justify the level of loan being requested; a “Home Buyers” survey, which is a mid-range survey suitable for most purposes; and, a full structural survey, which is usually advised for older properties.

A natural approach to managing drainage in and around properties and other developments. SuDS work by slowing down and holding back the water that runs off from a site, allowing natural processes to break down pollutants.

The person currently the owner of a leasehold property – for most purposes the same as the “Lessee”.