FE-1 Law of Property key terms

The legal transfer of an interest in land from one person to another, usually by a written instrument such as a deed, and today often completed by electronic means.

A written instrument that is signed, witnessed and delivered, and on its face states it is a deed; required to transfer a legal estate or interest in land.

A binding agreement to sell land, usually incorporating standard conditions, which fixes the parties, price, property and completion date before the transfer itself is executed.

The moment two signed identical contracts are swapped, creating a binding obligation to buy and sell; after this point neither party can normally withdraw without breach.

The final stage of a transaction when the purchase money is paid and the buyer receives the transfer document and keys, so that legal title passes.

A sum paid by the buyer on exchange of contracts, held as part-security of the price and forfeited to the seller if the buyer fails to complete.

The buyer's examination of the seller's ownership records and any registered or unregistered title documents to confirm the seller can sell and to reveal burdens affecting the land.

The official record held by the land registry showing who owns a registered estate, the nature of that estate, and the rights and restrictions that benefit or burden it.

An enquiry made of the local authority before purchase to reveal public-law burdens such as planning conditions, enforcement notices, road schemes and conservation designations affecting the property.

A search against the name of an owner of unregistered land in the register of land charges, to discover third-party rights that bind a purchaser even without notice.

The formal signing and witnessing of a document in the manner required by law, which for a deed must comply with statutory attestation rules to be valid.

Land whose ownership and principal interests are recorded in a state register, so that title is proved by the register rather than by bundles of old deeds.

Land whose title is not yet recorded in the land register and is instead proved by historical deeds and documents, with third-party rights protected by other registers and by the doctrine of notice.

The statutory system under which ownership of land and specified interests in it are entered on a central register, giving certainty and guaranteeing title subject to stated exceptions.

An estate in land of indefinite duration, capable in principle of lasting forever, which is the closest thing to outright ownership recognised by the law.

An estate in land granted for a fixed maximum period, such as a term of years, which reverts to the landlord when the term expires.

The fullest freehold estate known to law, lasting indefinitely, unrestricted as to heirs, and carrying an immediate right to possession of the land.

The measure of a person's right to occupy and use land for a period of time, distinct from the physical land itself; the two principal estates are freehold and leasehold.

A right enjoyed by one piece of land over another, such as a right of way or drainage, which benefits the dominant land and burdens the servient land.

The land that benefits from an easement and to which the right is attached, so that it passes automatically when that land is sold.

The land over which an easement is exercised and which is burdened by it, for example the land crossed by a right of way.

The acquisition of an easement or similar right by long, continuous and peaceable use, typically over a period of at least twenty years, without the owner's permission.

A promise in a deed restricting how land may be used, such as not building on it, which can bind later owners of the burdened land in equity.

A promise made in a deed, which may be positive (requiring action or money) or restrictive (prohibiting use), and whose enforceability against successors depends on its nature and registration.

A security interest over land granted to a lender, which gives the lender rights to take possession and sell the property if the borrower fails to repay the loan.

A burden on land securing the payment of money or performance of an obligation, registrable against the title, without transferring ownership to the charge holder.

An interest that binds a purchaser of registered land even though it does not appear on the register, such as certain short leases, easements and occupiers' rights.

A right in land recognised by equity rather than the common law, such as a beneficial interest under a trust, which is enforceable against most purchasers only if properly protected.

Any right, burden or liability affecting land that reduces its value or restricts its use, such as a mortgage, easement, covenant or charge.

A grant of exclusive possession of land for a fixed or periodic term in return for rent or other consideration, creating both a contract and an estate in land.

The relationship between landlord and tenant created by a lease or letting, describing the tenant's right to occupy and the landlord's retained interest.

The landlord's retained interest in the property during the term of a lease, which entitles the landlord to recover possession when the lease ends.

The tenant's right to control who may enter and occupy the premises, which is the central feature distinguishing a lease from a mere licence.

A personal permission to enter or use land that does not create an estate or interest in it and is generally revocable and not binding on a purchaser.

Statutory protection limiting a landlord's ability to recover possession from a residential tenant and requiring specified grounds and procedures before eviction.

The statutory reasons on which a landlord may rely to recover possession of a rented home, some mandatory if proved and others discretionary with the court.

Court action brought by a landlord to recover land from a tenant, in which the landlord must prove a valid ground and follow the prescribed notice and procedural steps.

The landlord's right to terminate a lease and re-enter the property because of the tenant's breach of covenant, subject to relief and to statutory safeguards.

A sum payable by a tenant, often in addition to rent, towards the cost of maintaining and insuring shared parts of a building or estate, subject to rules on reasonableness.

A formal written declaration, signed and witnessed as the law requires, by which a person directs how their property is to be distributed after death.

A person who makes a will; if female the older term testatrix is sometimes used, and the person must have the required mental capacity and intention.

The mental ability a person must have when making a will, meaning they understand the nature of the act, the extent of their property and the claims of those they should consider.

The situation where a person dies without a valid will, so that statute sets out who inherits the estate and in what shares.

The official confirmation by a court that a will is valid and that the named executors may administer the deceased's estate according to its terms.

A court document authorising a person to deal with a deceased person's estate, either a grant of probate where there is a will or letters of administration where there is not.

The person named in a will to carry out its terms, collect the estate's assets, pay debts and taxes, and distribute what remains to the beneficiaries.

A person appointed by the court to administer an estate, typically where there is no valid will or no named executor able or willing to act.

A person or entity entitled to receive property or a benefit under a will, trust or the rules of intestacy.

A separate document that amends, adds to or revokes parts of an existing will, executed with the same formalities as the will itself.

Pressure or coercion applied to a testator that overcomes their free will, which can invalidate a will or gift if proved by the person challenging it.

A common form of easement allowing the owner or occupier of one property to pass over land belonging to another, on foot or with vehicles as defined.

Registration of an interest against a registered title so that it binds anyone who later acquires the land, or the knowledge that makes an interest binding in equity.