Glossary of terms
This glossary of terms has been composed by FIRST STRATA to provide you with an easily accessible and comprehensive description of the many terms frequently used in all aspects of land sales.
We trust you will find it both useful and informative.
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See ACT OF PARLIAMENT.
Unauthorised extension of the boundaries of a piece of land over adjoining land which belongs to another.
In strict property terms a debt or charge legally secured over land, thus encumbering it. In general parlance, however, it is used to include legal rights or interests in or over someone else's land, eg easements or restrictive covenants.
A deduction made in a valuation for rating to reflect some disability in a particular hereditament when compared with others of a similar type. Cf QUANTITY ALLOWANCE.
The placing of funds or property into trust for a specific purpose, eg the maintenance of a charitable institution, or for the benefit of some person(s).
A life assurance contract providing for the accumulation of capital payable at the end of a specified term or on death, whichever is the earlier.
A fund or portfolio set up and held in trust for the repair, maintenance and upkeep of heritage property.
A systematic approach to the provision and use of energy in a building or other structure. Its essence is the conservation of energy output for a determined level of need, being based on an energy plan and budget. Careful monitoring is carried out to ensure that necessary changes are made to improve efficiency.
A notice served by a local planning authority under the Town and Country Planning Act 1971 requiring a breach of planning control to be remedied. There is a right of appeal to the Secretary of State, but failure to comply with the notice, if unopposed or confirmed on appeal, is a criminal offence.
See LEASEHOLD ENFRANCHISEMENT.
See PEPPERCORN RENT.
The formal and final version of a property document prepared by a solicitor in readiness for signing and sealing following agreement of the final draft between the parties.
Under section 32(1)(b) of the Capital Gains Tax act 1979, expenditure reflected in the state or nature of the asset at the time of disposal and incurred for the purpose of enhancing the value of the asset. It is an allowable deduction in computing a gain or loss.
In property law this means to acquire rights which increase an estate or an interest in land to a greater estate or interest, eg enlarging a lease into a superior lease or freehold by acquiring the reversion, or converting an entailed interest into a fee simple by barring the entail. See DISENTAILMENT; LEASEHOLD ENFRANCHISEMENT.
A special form of equitable interest which provides for the transfer of real estate on death, eg under the rules of primogeniture. See ENTAILED INTEREST.
See DISENTAILMENT.
An equitable interest in land where ownership is restricted to the life of a person and the lives of the "heirs of his body" either generally or of a specific category, eg limited to male offspring. If and when there are no qualifying heirs, the land passes to the remainderman (if any) nominated in the settlement or to the reversioner, ie the original settlor or his lawful successor.
Under section 179 of and Schedule 32 of the Local Government, Planning and Land Act 1980 (as amended by the Housing and Planning Act 1986), an area designated by the Secretary of State as requiring special planning, fiscal and economic development treatment, thus generating its renewal. Among the special advantages of such designation are simplified planning procedures, exemption from rates for industrial and commercial properties and the availability of 100% capital allowances for income taxation. Cf SIMPLIFIED PLANNING ZONE.
A capital allowance for the construction within an enterprise zone of an industrial building, hotel, commercial building or other qualifying structure if constructed within 10 years of the designation of the zone.
In valuations under the Leasehold Reform Act 1967, the capital value of a house in good condition and with vacant possession including any element of additional value attributable to the development potential of its site. See CLEARED SITE APPROACH; MODERN GROUND RENT; NEW-FOR-OLD APPROACH; STANDING HOUSE APPROACH.
