Legal Jargon

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

A ‘tort’ is a civil wrong that occurs where someone unfairly causes another person to suffer loss or harm and, in the law of England and Wales, tort describes all civil claims that are not contractual disputes. A person committing a tort is legally liable to the party injured, who may claim financial compensation/damages or an injunction to compel or prevent certain conduct.

A totting disqualification or ban is a driving ban that comes as a result of a driver accumulating 12 or more penalty points on their licence within three years. The court will arrange a hearing where it will consider the severity of the offences and determine the length of the disqualification. Totting disqualifications last a minimum of six months. After this period the driver can reapply for their licence.

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.

Currently, Inheritance Tax (IHT) is payable at 0% on the first £325,000 of an estate. This is called the nil rate band. The value of the estate above this figure is usually taxed at 40%. Any gifts between spouses are exempt from IHT. The transferable nil rate band, introduced in 2007, allows any unused Inheritance Tax nil rate band from a late spouse’s estate to be transferred to the surviving spouse’s estate when they die. This can give the surviving spouse’s estate a combined nil rate band of up to £650,000.

The person who has made a will.

A formal legal structure where property or other assets are held by one or more people for the benefit of another.

The people or entities appointed to oversee the management of property or other assets on behalf of beneficiaries, who might be private individuals, a charity or another type of organisation. In the context of estate administration following a death, trustees will be the people named in a will to manage the money held in trust for the beneficiaries. The trustees are the legal owners of the assets held in a trust and their role is to deal with the assets according to the deceased’s wishes, as set out in the trust deed or their will.

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

A statutory employment claim that employees may bring in an Employment Tribunal. Employers can only dismiss employees for one of the following reasons: misconduct, capability (which means an inability to do their job to a satisfactory level), redundancy, illegality and/or some other substantial reasons. If a person feels their employment has been terminated for a reason other than one of these then they may be able to bring a claim for unfair dismissal.

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.

The person(s) appointed in a will to take care of the deceased’s children until they reach adulthood at the age of 18.

A document recording the terms of an agreement reached between parties.

An arrangement where the freehold of a property is retained by the registered social housing landlord, which then grants a leasehold title for the share acquired by the buyer. The buyer then pays an apportioned rent, in addition to the purchase price, for the share retained by the landlord.

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.

Special damages describe a range of costs reclaimed as part of a successful claim. These may be out-of-pocket expenses such as travel and accommodation to attend medical appointments, but may also include lost earnings/revenues that are directly attributable to the event, accident or dispute for which the claims has been made.