GSL Conveyancing & Drafting key terms

The largest freehold estate recognised in England and Wales, lasting indefinitely and capable of being inherited. To be legal it must be held 'in possession', meaning the owner is entitled to immediate enjoyment rather than a future interest.

A leasehold estate granted for a fixed or ascertainable period, however long, that may be terminated early by notice or forfeiture. It is one of only two estates capable of existing as a legal estate under the Law of Property Act 1925.

A system in which the state maintains a register recording the proprietor and the burdens affecting a title. Title passes on registration rather than by delivery of a deed, and the register is generally conclusive as to ownership.

The grading given to a registered title reflecting the strength of the evidence supporting it, ranging from absolute through good leasehold, qualified and possessory. A conveyancer must check the class because a lower grade signals risk and may affect lender and buyer acceptance.

Land whose ownership is not yet recorded in the register, so title is deduced by producing a chain of deeds and documents, typically going back at least fifteen years. The seller proves a good root of title and the buyer investigates the documents supplied.

A document dealing with the whole legal and equitable interest in the land, containing a recognisable description of it and casting no doubt on the title. It is the starting point of the deduction chain and must normally be at least fifteen years old.

A chronological schedule listing each deed and document relied on to prove an unregistered title, with copies attached. It allows the buyer's conveyancer to check continuity of ownership, powers of appointment and any subsisting encumbrances.

The process by which the buyer's conveyancer examines the seller's title documents and search results to confirm the seller can convey what is promised and to identify defects, encumbrances or third-party rights requiring protection in the contract.

The authoritative printout or electronic copy of a registered title, comprising the property register, proprietorship register and charges register. It is obtained from the Land Registry and replaces the older land certificate as evidence of title.

A written request by the buyer's conveyancer asking the seller to explain, remedy or provide further information about a matter arising from the title documents. Standard conditions set time limits within which requisitions must be raised and answered.

Pre-drafted contract terms published by the Law Society and widely incorporated into sale contracts, covering matters such as deposit, completion date, risk and notices. The parties may vary them, and any special condition overrides an inconsistent standard condition.

A bespoke contractual term drafted for a particular transaction, for example making the sale conditional on planning permission or apportioning liability for a known defect. It prevails over conflicting standard conditions and must be precisely drafted to be enforceable.

The moment the parties become contractually bound, usually by physical or electronic exchange of identical signed contracts and payment of a deposit. After exchange neither party may withdraw without breaching the contract, and risk generally passes to the buyer.

A contract whose binding effect, or whose obligation to complete, depends on a specified event such as grant of planning permission. Drafting must make clear whether the condition suspends the whole contract or only completion, and what happens if it fails.

Enquiries made of public bodies and utilities before exchange, including local land charges, drainage, environmental, mining and chancel repair searches. Results reveal matters not shown on the title, such as road schemes, contamination or financial liabilities.

A statutory search of the local authority register (LLC1) revealing charges such as planning conditions, enforcement notices, tree preservation orders and financial charges affecting the property. A CON29 form asks additional standard enquiries about roads, planning and nearby development.

A seller's questionnaire (commonly form TA6) disclosing practical information about the property, including disputes, alterations, boundaries, services and occupiers. Answers may become contractual representations, so inaccuracies can found a misrepresentation claim.

Preparing the sale contract by identifying parties, property, title guarantee, price, deposit, completion date and any special conditions. Precise definitions and consistent use of terms are essential because ambiguity is construed against the party relying on the clause.

A statutory warranty given by the seller under the Law of Property (Miscellaneous Provisions) Act 1994 that the seller has the right to convey, will do all it can to give good title, and conveys free from encumbrances except those disclosed. It may be full, limited or absent.

The instrument (form TR1 for registered land) used to convey the legal estate to the buyer, containing parties, property description, title guarantee and execution. It must be registered before the buyer acquires legal title to registered land.

The standard security taken by a lender over land, giving the lender enforceable rights against the property while the borrower remains owner. It must be created by deed and, for registered land, completed by registration against the title.

The ordering of competing mortgages and other interests affecting the same land, generally determined for registered titles by the date of registration rather than the date of creation. A lender's rank affects its ability to recover on enforcement.

A promise contained in a lease, such as to pay rent, repair or insure, which may bind successors in title depending on whether it touches and concerns the land and whether statutory rules on assignment apply. Positive and negative covenants are treated differently.

The landlord's written consent permitting a tenant to assign or underlet, often subject to conditions such as references or an authorised guarantee agreement. Leases commonly require consent not to be unreasonably withheld, and statute implies reasonableness in some cases.

An instrument by which an assigning tenant guarantees the performance of the incoming tenant's covenants under the lease. Commonly required by landlords on assignment of a lease granted after 1995, it preserves the outgoing tenant's liability.

The landlord's right to terminate a lease and re-enter the property following a breach of covenant, such as non-payment of rent. It is exercised by court proceedings or peaceable re-entry and is subject to statutory and equitable relief for the tenant.

A statutory notice the landlord must serve before forfeiting a lease for breach of a covenant other than non-payment of rent, specifying the breach and requiring remedy or compensation. Failure to serve a compliant notice invalidates the forfeiture.

A form of co-ownership in which each owner holds the whole estate together with no distinct share, subject to the right of survivorship. On the death of one joint tenant the property passes automatically to the survivors.

A form of co-ownership in which each owner holds a distinct, though undivided, share in the property. There is no right of survivorship, so a share passes under the owner's will or intestacy, and the shares may be unequal.

The process converting a joint tenancy in equity into a tenancy in common, for example by written notice or alienation of a share. It removes survivorship and is often used in estate planning or on relationship breakdown.

A standard entry in the proprietorship register preventing a sole registered proprietor from overreaching beneficial interests by a disposition for value, because no second trustee is appointed. It protects a tenant in common whose co-owner has died.

The statutory mechanism by which a conveyance by two or more trustees for value transfers the legal estate free of beneficial interests, which shift instead into the proceeds of sale. It is central to protecting purchasers and lenders dealing with co-owned land.

The final stage of a transaction when the purchase money is paid and the seller delivers the transfer, title documents and keys, so the buyer becomes entitled to possession. It is usually preceded by pre-completion searches and apportionments of outgoings.

The application to the Land Registry to give effect to a transfer, lease or charge, which for registered land is when legal title passes to the buyer or lender. Priority periods and prescribed forms govern the application.

A protected window, obtained by an official search with priority, during which a pending application for registration will take precedence over other applications lodged in that period. It protects a buyer or lender between exchange and completion.

A search made shortly before completion to confirm the state of the registered title and to secure priority against intervening dealings. For unregistered land the equivalent is a land charges search against the seller's name.

A false statement of fact or law made before contract which induces the other party to enter it. Depending on the maker's state of mind it may be fraudulent, negligent or wholly innocent, giving rights to damages and sometimes rescission.

An error in the contract's description of the property or its terms, which may entitle the innocent party to compensation or rescission under statutory and standard condition provisions. The court may order compensation instead of rescission where it is just.

A personal, professional promise by a solicitor or licensed conveyancer, for example to remit funds or lodge documents, which is enforceable through the regulator. Undertakings are used to bridge gaps between exchange, completion and registration.

A negative promise in a deed restricting how land may be used, capable of binding successors in equity where notice requirements are met. It may be enforced by injunction and is commonly protected by entry in the charges register.

A promise to do something, such as maintain a boundary fence or contribute to shared costs, which at common law does not run with freehold land. It is often made enforceable by a chain of indemnity covenants or a rentcharge.

A right enjoyed by one piece of land over another, such as a right of way or drainage, which must accommodate the dominant land and be capable of forming the subject matter of a grant. It may be legal or equitable and requires protection by registration.

Acquisition of an easement or profit by long, uninterrupted use without permission, typically over twenty years, judged by the standards of a reasonable freeholder. It is one of the few ways a right can arise without express grant or reservation.

The part of a registered title recording encumbrances and interests burdening the land, such as mortgages, restrictive covenants, easements and notices. A buyer's conveyancer reviews it to identify matters that will bind after completion.

Money paid by the buyer on exchange, usually ten per cent of the price, held by the seller's conveyancer as stakeholder. It provides security for the seller if the buyer defaults and is credited against the price on completion.