| A |
Advance |
Money
lent by a Bank or Building Society to
buy or improve your house. Secured on
the property and often called a Charge
or Mortgage. |
| |
Agreement |
Document containing terms of your
sale or purchase often called a Contract. |
| B |
Banker's Draft |
Cheque issued by a Bank or Building
Society guaranteed to be paid. |
| |
Bridging Loan |
Loan from a Bank to enable property
to be purchased before Sale of existing
house. Very risky if it is an "open"
bridge where Contracts have not yet
been exchanged on your sale. High rates
of interest apply generally. |
| |
Buyer |
The person purchasing a property otherwise
known as the Purchaser |
| C |
Chain |
Successive buyers and sellers reliant
upon one another to complete their transaction
can only proceed as the pace of the
slowest link. |
| |
Charge Certificate |
Document of Title issued by the Land
Registry subject to a Mortgage. |
| |
Completion Date |
A date fixed in the Contract when
all monies are paid over and the keys
are released and the sale or purchase
is finalised. |
| |
Completion Statement |
A Statement prepared by your legal
adviser setting out the income and expenditure
involved in your transaction |
| |
Conditions of Sale |
Legal conditions implied into the
Contract which are in a standard form
agreed by the Lawyers. may not necessarily
be reproduced in the Contract. Generally
only referred to if things go wrong. |
| |
Contract |
The document setting out the parties,
the properties and any special terms
and conditions relating to your sale
or purchase |
| |
Conveyance |
The legal document transferring ownership
from seller to buyer. |
| |
Covenant |
A legal promise incorporated in the
Title requiring either the seller or
the buyer to do or not to do something
in relation to the property. |
| D |
Declaration of Trust |
A document binding joint owners of
property governing the division of proceeds
of sale upon completion. |
| |
Deeds |
Legal documents proving ownership
of the property. |
| |
Deposit |
Monies paid by the buyer on exchange
of Contracts. Generally at least 5%
of the purchase price. |
| |
Disbursements |
Fees paid out by your legal adviser
to other parties such as Stamp duty,
Land Registry and Local Authorities. |
| E |
Easement |
Right given to someone who is not
the owner of the land such as a right
of way or a right to lay or maintain
pipes for services. |
| |
Engrossment |
The final copy of the Conveyance or
Deed which you will be asked to sign |
| |
Exchange of Contracts |
The time at which the Contract becomes
legally binding and you are then committed
to the transaction. |
| F |
Filed Plan |
Plan prepared and held by the Land
Registry identifying the extent of the
property. |
| |
Fixtures and Fittings Form |
A form annexed to the Contract listing
the items included in the sale. |
| |
Freehold |
Absolute ownership of the land upon
which the property is built. |
| |
Full Structural
Survey |
A detailed examination of the structure
of the property undertaken by a qualified
surveyor. |
| J |
Joint Tenants |
Where one person owns a property jointly
with others. Upon the death the survivor
automatically inherits the deceased's
share of the property. |
| L |
Land
Registry |
Central Registry responsible for recording
ownership of land |
| |
Land Registry
Fees |
Fees paid to Land Registry to record
your purchase. |
| |
Leasehold |
An interest in land subject to an
annual payment or rent to the freehold
owner (Landlord) for a specified term. |
| |
Lease |
The document containing the terms
and conditions of occupying leasehold
land. |
| |
Lender |
Institution that lends money to assist
your purchase such as a Bank or Building
Society. |
| |
Lessee |
Someone who holds the lease. |
| |
Lessor |
Someone who grants a Lease otherwise
known as a landlord. |
| |
Local Search |
Enquiries raised of the Local Authority
to confirm whether the property is affected
by any proposals, restrictions or rights
of way which could materially affect
the enjoyment of the property. |
| M |
MIG |
Mortgage Indemnity Guarantee usually
insisted upon by Building Societies
if you are borrowing more than 90% of
the purchase price. Effectively an Insurance
Policy for the Exclusive benefit of
the Building Society which guarantees
Repayment of their loan if default offers
within 12 months. Premiums sometimes
paid by you or the Building Society. |
| |
Mortgage |
Loan taken from your Building Society
to assist your purchase secured on your
property and registered at the Land
Registry. |
| |
Mortgage Deed |
The document signed by you ultimately
recorded at the Land Registry containing
the terms and conditions of your loan.
The Lender is entitled to hold the deeds
as security against the loan to ensure
that it is fully repaid. |
| |
Mortgagee |
Bank or Building Society. |
| |
Mortgagor |
The Borrower |
| |
Mortgage Valuation |
A valuation undertaken on behalf of
the Mortgagee to decide how much to
lend on the security of the property. |
| N |
NHBC |
National House Building Council. Regulatory
body for new or converted properties
who issue a 10 year structural guarantee. |
| O |
Office Copy Entries |
Copy of the details held by the Land
Registry relating to the property |
| |
Property Information
Form |
Form completed by a Seller giving
details of the property such as ownership
of boundaries, guarantees and disputes. |
| |
Purchaser |
The Buyer of a Property. |
| R |
Redemption |
Payment made when repaying a mortgage. |
| |
Redemption Figure |
The actual sum needed to repay a mortgage
including interest and redemption penalties. |
| |
Redemption Penalty |
A sum charged by a mortgagee for early
repayment of a mortgage. Generally only
applies when advantageous terms were
given by the mortgagee at the time the
mortgage was granted i.e. Fixed Rate
Interest. |
| |
Registered Land |
The Title of Property which is registered
at one of the government land registries. |
| |
Registration |
The process whereby your Solicitor
registers your purchase at the Land
Registry |
| |
Retention |
A sum of money held back from a mortgage
advance until certain works specified
by the mortgagee have been carried out. |
| S |
Searches |
Checks made with the Local Authority
and Land Registry to find our whether
any matters adversely affect the property. |
| |
Seller |
The person selling a property. |
| |
Stamp Duty |
Duty Payable to the Inland Revenue
by the buyer for properties coasting
over £60,000. At the present time
the rate payable on completion is 1%
of the purchase price between £60,000
and £250,000, 3% for properties
exceeding £250,000 but less that
£500,000 and 4% thereafter. |
| |
Subject to Contract |
A negotiated sale that is not binding
on either party to the transaction until
actual exchange of contracts. |
| T |
Telegraphic Transfer |
Method of moving money electronically
on completion from one Solicitor's bank
account to another to complete the purchase.
Banks normal make a charge for this
service. |
| |
Tenants in Common |
Denotes the capacity in which joint
owners hold the property usually in
defined shares. |
| |
Transfer |
Final document transferring the property
from Seller to the Buyer used where
the title is registered at the Land
Registry. |
| U |
Unregistered
Title |
Where the property is not registered
at the Land Registry and ownership much
be proved by Title Deeds which must
date back at least 15 years. |
| V |
Vendor |
The Seller of the Property. |
| |
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