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What's The Name of That Legal Thingy?

This document provides an A-Z guide to conveyancing terms in plain English. It defines key terms and concepts in property transfers such as contracts for sale, caveat emptor, easements, leaseholds, guarantors, tenants in common, mortgages, and registered land. It aims to explain the technical conveyancing process and jargon in a clear and accessible way for home buyers and sellers.

Law◦
CONVEYANCING IS The process of transferring the legal ownership of a property from one owner to a new owner.
The Conveyancing process has developed over many hundreds of years.
Inevitably, there are technical words or phraseswhich you might not have come across. Many Conveyancing Solicitors still use jargon and old-fashioned phrases
hereinbefore & aforesaid mentioned YUK!
Plain English Occasionally, you will find some Conveyancing Solicitors who promise to speak in… We at Clutton Cox do at least.
A – Z Guide for you in Plain English to help explain Conveyancing Jargon.
Contract for Sale: The legal document which sets out the terms of the sale and purchase of the property. There are two Contracts for Sale issued: one for the Seller to sign and one for the Buyer to sign. A legally binding agreement takes place when there is an Exchange of the signed Contracts. A Contract is not valid without an agreed Completion Date.
Caveat Emptor: It means “Let the Buyer Beware”. A Buyer must make all enquires and surveys before committing to buy a property. The only bit of Latin (we promise) zzzz
Easement: A right benefiting one property over another, such as a right of way on foot and/or for vehicles.
Leasehold: Ownership which is time dependent and subject to more restrictions and obligations than freeholds e.g. flats which can run for 99 up to 999 years.
Guarantor: Someone who agrees to pay a mortgage on a property in the event that the borrower/owner defaults on payments. Usually this is a parent or guardian. Thanks Mum and Dad!
The alternative is Tenants in Common: The owner owns a specific percentage of the property and its proceeds of sale e.g. 50/50 60/40 = =
Not many people know this, but the word derives from the Norman French meaning literally, “death pledge”.
Official Copies of Register & Plan: Official copies of the registered title to a property from the Land Registry showing who owns a property what rights and what restrictions apply and what mortgages if any are outstanding on the property.
Pardon me…
A Rentcharge only relates to freehold property and is not to be confused with Ground Rents which only relate to Leasehold properties.
£
Registered Land: Property (freehold and leasehold) where proof of ownership and matters affecting the property have been authenticated (registered) by the Government Department known as the Land Registry.
£
(e)XTRA MILE THIS WAY CLUTTON COX
You: The most important person as far as we are concerned. Not us, not what we do, but YOU.
Z Z
Here ends (phew! Almost wrote “endeth”) the first lesson.
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Clutton Cox Solicitors are based in Chipping Sodbury, Bristol but we really do cover all of England and Wales. Follow Us on Twitter @cluttoncoxlegal Or Just Plain (see what we did there) get in touch info@cluttoncox.co.uk 01454312125