Conveyancing glossary items
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A problem with the title of the property.
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This can cause confusion. Most people refer to a deposit as the money put down by the buyer, usually the difference between the amount of the mortgage and the purchase price. However solicitors refer to a deposit as the money that is handed over to the seller’s solicitors upon exchange of contracts. This might be the same amount, but not necessarily.
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Payments made on your behalf e.g. search fees.
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The right of a person over another person’s piece of land (e.g. right of way).
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A search against a property to check whether there is any record kept to suggest that the property may be affected by contamination.
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Usually means the difference between the value of a property and the amount owned to the mortgagee.
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The formal exchanging of the two parts of the contract when the seller and buyer become legally bound to complete on an agreed date and, in the case of the seller, to move out of the property.
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A standard form where the seller sets out all those items in the property which they have agreed to leave as part of the sale price and which is attached to the contract.
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This arises when part of one property is built on top of part of another, and so the upper property owner does not own the building or land underneath the “flying” part.
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This is paid by a lessee to a lessor where a property is leasehold and is usually expressed as a yearly sum.
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This is sometimes charged by a mortgagee where a borrower borrows more than a certain percentage of the value of a property to insure the mortgagee only against loss arising if the property is sold by them due to the borrower’s failure to pay the mortgage.
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Formal identification, proof of address, proof of funds and evidence of the source of funds at the start of a transaction, to enable us to comply with the anti-money laundering regulations
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Insurance to cover a defect in title or missing/lack of building/planning documents.
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A search at the land registry to see if a property is registered or unregistered.
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A form of ownership of a property where on the death of one of the co-owners, the surviving co-owner(s) is (are) entitled to the whole ownership of the property.
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A search at the Land Charges Registry to see if a person has any bankruptcy proceedings pending or if the property is unregistered to find out if there are any mortgages or interests registered against the property.
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A central body that retains records of who owns the land, and under what conditions.
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The fee payable to the Land Registry to register any change affecting the property including a change of ownership.
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A search at the Land Registry to check that no undisclosed charges or interests are registered against the property.
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See lessor.
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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 rights and obligations.
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Where the ownership of property is for a limited period only. For example 99 years or sometimes 999 years. Possession of the property will be subject to the payment of an annual ground rent.
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See Lessee.
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See Mortgage.