Conveyancing Glossary
Chain: The parties involved in a transaction i.e. Mr A buying
from Mr B buying from Mr C (here there are 3 in the chain).
Completion date: The date when the transaction relating to
the sale/purchase of a house are completed. The date you move / become the owner.
Completion statement: A financial statement from the solicitor
detailing all financial transactions. The statement includes all costs.
Conditions of Sale: The terms by which the buyer and seller
agree to sell/buy the property. The Law Society sets standard conditions. The
lawyer sets special conditions.
Contract: The legally binding agreement specifying all of
the detail of the house sale or house purchase. The contract legally commits
both the buyer and the seller to the transaction. The house seller's conveyancing
lawyer draws up two copies of the same contract, and each party signs their
own copy. When both parties are ready to legally commit, the two contracts are
exchanged.
Conveyancer: The Property Lawyer who manages all of the matters
arising from the sale of a house or the purchase of a house. Can be a Solicitor
or a Licensed Conveyancer.
Conveyance or transfer: The legally binding document that
transfers the rights and burdens and the benefit of the land.
Council for Licensed Conveyancers: A regulatory body for Conveyancing
with whom all conveyancers should be registered.
Deeds: Legal title document which provides historical information
about the property.
Deposit: The amount paid to exchange of contracts, which is
only refundable in exceptional circumstances. Contracts provide for 10% of the
purchase/sales price but can often be negotiated to a lower level.
Disbursements: Out of pocket expenses paid by the Solicitor
/ Licensed Conveyancer on the buyers behalf such as stamp duty, land registry
charges and search fees.
Easement: A right given to the house owner over an adjoining
property (e.g. right of way).
Exchange of contract: The point that both parties are committed
to the transaction. This is set at a time and date.
Fixtures and Fittings: A list of the items at the property,
which are either included or excluded from the agreed price.
Freehold: One of the two current tenures of land recognised
by English law. This recognises the whole of the land not just a building.
FSA: The financial Services Authority is an independent government
body concerned with consumer protection in the financial market.
Gazumping: When the house seller accepts a higher price offer
from another house buyer after the initial offer has been accepted.
Gazundering: When the house buyer lowers his offer after the
sale has been agreed.
Indemnity insurance: An insurance taken out by conveyancing
firms to cover losses to clients arising from errors or fraud in dealing with
their matters.
Land registry fees: Fees paid by your conveyancing lawyer
on the buyers behalf to register the ownership of property with the Land Registry.
Land Registry: The official body responsible for recording
the ownership of land.
Leasehold: The second current tenure of land recognised by
English law. This is over a term of years and not forever. There will be a landlord
who will own the freehold. This usually relates to a flat or apartment.
Licensed Conveyancer: A Licensed Conveyancer is a specialist
property lawyer, someone who is trained and qualified in all aspects of the
law dealing with property. Licensed conveyancers are sufficient to secure adequate
protection for consumers and that the conveyancing services provided by such
persons are provided both economically and efficiently.
Mortgage Deed: The legal agreement that gives the lender a
legal right to property.
Mortgage Fees: Normally charged by your Financial Advisor
for acting on behalf of your bank or building society.
Mortgage: A loan to help you buy your house. The loan is secured
on the property to prevent you selling the property without paying it off at
the same time.
Redemption Fee: A penalty which can be charged by your existing
mortgage lender if you pay off your mortgage early or your move to a different
mortgage.
Searches: A method of checking matters that may affect the
value of the property. The only obligatory one before exchange is a Local Authority
Search which covers items such as road maintenance, planning applications etc.
The search covers the property not the surrounding area.
Stamp duty: A government tax payable by every home buyer of
a property over £60k. Duty is charged at 1% for homes priced between £60k
and £250k. The rate is 3% for homes over £250k but not more than
£500k. For homes over £500k the rate is 4%. If the property falls
in a disadvantaged area and is being sold for £150,000 or less then no
stamp duty is payable.
Structural survey: A survey giving details about the building
and its integrity.
Subject to contract: A provisional agreement between the house
buyer and the house seller that is not legally binding.
Tracking (online tracking): movewithus Conveyancing offer
24 hour updates on our secure website. Clients can login with their own username
and password to see the status of their move at any time. Each stage of their
move is highlighted and its status confirmed.
Transfer document: The final document that transfers the property
from the house seller to the house buyer.
Valuation Survey: A survey to allow a property value to be
determined for mortgage purposes. This is not to be confused with a structural
survey.