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.
See RATEABLE HEREDITAMENT.
Any of the bodies listed in Schedule 3 to the Inheritance Tax Act 1984, as amended, eg the National Trust, the Historic Churches Preservation Trust and the Nature Conservancy Council. A gift to a heritage body is an exempt transfer of value for inheritance tax purposes.
A stretch of coastline which is designated as such jointly by the Countryside Commission (formerly National Parks Commission) and the relevant local planning authority in accordance with the recommendations of DOE Circular 12/72. Subsequently it is subject to conditions of control as part of a long-term national policy for selected coastal areas of outstanding nature beauty. The stewardship of heritage coasts and hinterlands involves careful planning and use of land and requires the co-operation of landowners, farmers, residents, visitors and amenity groups. Currently (March 1988) 37 areas are protected under this scheme and others are planned.
Property designated as such by the Inland Revenue under section 30 of the Inheritance Tax Act 1984 and including:
a. pictures, prints, books, manuscripts, works of art, scientific collections and other things not yielding income which appear to the Inland Revenue to be of national, scientific, historic or artistic interest;
b. any land of outstanding scenic, historic or scientific interest (in the opinion of the Inland Revenue);
c. any building needing special steps for preservation because of its outstanding historic or architectural interest (in the opinion of the Inland Revenue);
d. any area of land essential (in the opinion of the Inland Revenue) to protect the character and architecture of a building in category C;
e. any object which in the opinion of the Inland Revenue is historically associated with a building in category C.
Transfers of all such properties are potentially exempt from inheritance tax, while capital gains tax may be deferred in certain circumstances.
1. In old English law, a measure of area of land sufficient to support a household being, according to its location, anything from 60 acres to 120 acres in extent.
2. A structure or place providing concealment for one or more persons from which to observe birds, game or other creatures in their natural habitat.
The ranking of centres according to the volume of their retail trade, eg community, neighbourhood, district, subregional and regional shopping centres.
(Usually abbreviated to the “High Court”). The highest tier of courts of first instance (ie before which an action is first tried). It was created by the Judicature Acts 1873-75 but now derives its constitution from the Supreme Court Act 1981 and is part of the Supreme Court of England and Wales. It is subdivided into three divisions: Queen’s Bench, Chancery and Family. Decisions of the High Court are binding on inferior courts but not on the High Court itself and from those decisions appeal lies to the Court of Appeal. See PUISNE JUDGE.
A concentration of abnormally heavy floor-loading at one or more particular places in a building or other structure where extra support may be required.
A building of outstanding height compared with the average in one locality. Blocks of flats of five storeys or more have been regarded as “high rise”. Cf TOWER BLOCK. See MULTI-STOREY.
Surprisingly, despite the more colloquial meaning of this word as a “main road”, it is legally a strip of land over which the general public have a right of passage for those purposes permitted in the particular case. It may be a footpath, bridleway, driftway or carriageway (not necessarily for all forms of vehicle). Ownership of the sub-soil is usually unchanged by the dedication of the surface as a highway. See DEDICATION.
A right granted, or taken, for the construction, maintenance and operation of a highway. Ordinarily, in the case of a public thoroughfare, the holders of abutting land are assumed to own the underlying land to the centre of the right of way.
Popularly known as English Heritage, this body, established under the National Heritage Act 1983, is responsible for securing the preservation of England’s architectural and archaeological heritage. It also promotes and manages over 350 monuments and buildings originally maintained by the Secretary of State for the Environment. The commission is largely funded by the government.
A body which provides its owner-members with advice, services and meetings on the management, insurance, taxation, repair, maintenance and running of their historic houses, gardens and similar properties. See FRIENDS OF THE HISTORIC HOUSES ASSOCIATION.
The traditional accounting convention for the compilation of financial statements on the basis of costs actually incurred by the current owner. Its use can lead to accounts being prepared which do not reflect the underlying value of the assets at the date of the annual accounts. Cf CURRENT COST ACCOUNTING.
Primarily a modern industrial building or easily adaptable older building which is particularly suited to the flexible uses and space needs of business organisations engaged in modern technologies. Such activities usually require more office or laboratory space than a traditional factory and also more sophisticated and adaptable installations for services and communications.
1. The area of land demised to a tenant.
2. The extent of land and/or building(s) occupied by a tenant for the purposes of his business and for which he has security of tenure under Part II of the Landlord and Tenant Act 1954.
Where a tenant remains in possession after the expiration or determination of his tenancy. He first becomes a tenant on sufferance, then a trespasser if he fails to leave on being requested to do so. However, he becomes a tenant at will if the landlord agrees to his remaining in possession and usually becomes a periodic tenant if he offers rent which is accepted. The term cannot be applied to a tenant having security of tenure under Part II of the Landlord and Tenant Act 1954 (business premises), the Rent Acts (residential) or the Agricultural Holdings Acts.
The period during which a taxpayer owns a capital asset, thereby determining whether there has been a long-term or short-term capital gain for taxation purposes.
See EMBLEMENTS.
A document, eg a deed or a will, wholly in the handwriting of the person from whom it is issued.