Licensed Conveyancer key terms

Land whose ownership is not recorded in a central register but proved by a chain of deeds; the root of title is the document starting that chain, usually at least fifteen years old, from which title is traced.

A chronological schedule listing each deed and document in an unregistered chain of title, with copies attached, allowing the buyer's conveyancer to check the seller's ownership before exchange of contracts.

A document that deals with the whole legal and equitable interest in the land, describes the property adequately, and casts no doubt on the title; it must be at least fifteen years old for a forced sale.

The process of examining deeds or register entries, plans, and searches to confirm the seller owns the land, identify encumbrances, and raise enquiries or requisitions before contracts are exchanged.

A copy of a registered title, filed deed, or plan issued by the land registry, admissible as evidence of the register's contents and normally obtained electronically for the conveyancing file.

The statutory record for a registered estate, divided into the property register, the proprietorship register, and the charges register, which together state the land, its owner, and the burdens affecting it.

The part of a registered title that records third-party interests burdening the land, such as mortgages, restrictive covenants, easements, and notices of other people's rights.

An entry in the register protecting a third-party right, such as an option or a contract, so that it binds anyone who later acquires the registered estate; registration gives priority over later dispositions.

An interest that binds a registered proprietor even though it does not appear in the register, for example certain short leases, easements, and the rights of persons in actual occupation.

Physical presence on land with a degree of permanence and continuity; an occupier's proprietary right may override a registered disposition if occupation is obvious on a reasonably careful inspection.

The rule that a registered disposition for value takes effect subject only to entries on the register and to overriding interests, so a buyer is largely protected against unregistered rights.

The grade of ownership the land registry grants on first registration or transfer, such as absolute freehold, possessory, qualified, or good leasehold; only absolute title gives the strongest guarantee.

The compulsory or voluntary process of bringing unregistered land onto the register, triggered by events such as a sale, gift, mortgage, or grant of a long lease.

A situation where a seller offers the property to two or more prospective buyers and exchanges with whichever is ready first, creating risk because neither buyer has a binding contract until exchange.

The moment when buyer and seller become legally bound, usually by telephone between solicitors followed by posting signed parts; the deposit becomes payable and completion is scheduled.

The final stage of a transaction when the purchase money is paid, the transfer is dated and delivered, keys are released, and the buyer becomes entitled to vacant possession.

A seller accepting a higher offer from another buyer after agreeing a price but before contracts are exchanged, leaving the original buyer without a remedy because no binding contract exists yet.

A contract in which a seller promises not to negotiate with or accept offers from anyone else for a set period, giving the buyer time to complete pre-contract work without being gazumped.

Money paid by the buyer on exchange, commonly ten percent of the price, held by the seller's solicitor as stakeholder; it is forfeited if the buyer fails to complete.

The document, typically a prescribed form, by which the registered proprietor transfers the legal estate to the buyer; it is executed, dated at completion, and then registered.

The application made after completion to record the buyer as proprietor; legal title passes only on registration, so delay leaves the buyer vulnerable until the entry is made.

A written request for further information or action sent to the land registry, for example to remove a stale entry or correct an error, distinct from enquiries raised with the seller.

A search of the local authority's register revealing charges such as improvement grants, enforcement notices, and listed building status, together with enquiries about roads and planning matters.

Standard and additional questions put to the seller about the property's condition, boundaries, disputes, services, and alterations, answered before exchange so the buyer can decide whether to proceed.

Formal consent from the local planning authority required for development or a material change of use; conveyancers check that works affecting the property were authorised or are permitted development.

Confirmation from the local authority or an approved inspector that building work meets statutory standards for structure, fire safety, and energy efficiency; missing certificates are a common conveyancing enquiry.

A promise in a deed restricting how land may be used, such as not building above a certain height; it can bind later owners and may be enforceable by affected neighbours.

A right one piece of land enjoys over another, such as a right of way or drainage; it may be granted expressly, impliedly, or by prescription and usually appears in the charges register.

Ownership of a lease for a fixed term, with the landlord retaining the freehold reversion; the lease sets out rent, service charges, and repairing obligations binding on the leaseholder.

An estate in land lasting indefinitely, giving the owner the widest rights of use and disposal, subject to statutory controls and any third-party interests recorded against the title.

A sum payable by a leaseholder towards the landlord's costs of maintaining and insuring the building; it must be demanded with a summary of rights and be reasonable in amount.

Money collected through the service charge and set aside for future major repairs or replacements, such as a new roof, so that leaseholders are not faced with sudden large bills.

A tax on land transactions in England and Northern Ireland, payable by the buyer within fourteen days of completion and calculated on the chargeable consideration, with reliefs for certain buyers.

Rules governing how client money must be held in a separate client account, kept reconciled, and protected, so that funds belonging to buyers, sellers, or lenders are not mixed with the firm's own money.

A personal, enforceable promise given by a solicitor or licensed conveyancer in the course of practice; it may bind the firm even if the individual leaves and is not given lightly.

The court's official confirmation, issued to the executor named in a valid will, of authority to administer the deceased's estate, collect assets, pay debts, and distribute what remains.

The grant issued where there is no valid will or no willing executor, appointing an administrator, usually a close relative or beneficiary, to deal with the estate.

A person named in a will to carry out its terms, applying for probate, gathering assets, paying taxes and debts, and distributing legacies and residue to the beneficiaries.

A person appointed by the court through letters of administration to administer an estate, typically because the deceased died intestate or the named executor cannot or will not act.

The situation where someone dies without leaving a valid will, so statute sets out who inherits, beginning with a surviving spouse or civil partner and then children or other relatives.

A fixed sum that a surviving spouse or civil partner receives from an intestate estate before sharing the remainder with children, together with personal chattels and a share of the residue.

A person entitled to whatever remains of an estate after debts, taxes, and specific gifts are paid; residue may be shared between several beneficiaries in the proportions the will or statute specifies.

A gift in a will of a particular identifiable item, such as a painting or a named shareholding, which fails if the item is no longer part of the estate at death.

A person who makes a will; the will takes effect only on death, and the testator must have mental capacity and intention to make it, free from undue influence or fraud.

The mental ability required to make a valid will: understanding the nature of the act, the extent of one's property, and the claims of those who might expect to benefit.

Pressure or coercion that overcomes a testator's free will, making a will or gift invalid; it must be proved, and mere persuasion or family expectation is not enough.

A separate document that amends an existing will, for example changing an executor or adding a gift; it must be executed with the same formalities as the will itself.

A notice lodged at the probate registry preventing a grant from being issued without notice to the person who entered it, used when a will's validity or a person's entitlement is disputed.

A formal document requiring a person to appear or act in probate proceedings, for example to prove a will or accept or refuse a grant, used alongside a caveat in contentious matters.

A tax charged on the value of an estate above the nil-rate band at death, with reliefs for spouses and charities; it is usually payable before probate is granted on the estate's value.

The threshold below which no inheritance tax is charged on an estate, with any unused portion generally transferable to a surviving spouse or civil partner.

The collective name for a grant of probate or letters of administration, being the court's authority that allows personal representatives to deal with the deceased's assets.

An executor or administrator who stands in the deceased's shoes, collecting assets, paying debts and taxes, and distributing the estate to those entitled under the will or intestacy rules.