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Property
Our Property Glossary
Adverse Possession
This is the process which results in the acquisition of legal title of land, without actually paying for it
Break Clause
This is a clause which allows a tenant to end a lease at specific times during the period of the lease
Chattel
This refers to any property except freehold land
Common Hold
A form of freehold land ownership, as an alternative to long leasehold ownership
Dilapidations
An assesment of a tenant's liabilities under repairing covenants in a lease
Easement
An interest in land owned by a different party which entitles its holder to a specific use or enjoyment
Encroachment
When a portion of a building, wall or fence extends beyond the land of the owner and intrudes upon that of an adjoining owner
Encumbrance
An obligation affecting a property, generally in a negative way
Equity
In property terms, normally used to describe the difference between the outstanding mortgage and the value of a property
Eviction
Removing a tenant from their rented property
Fixture
This refers to a permanently fixed piece of furniture or equipment on a property
Freehold
When one has absolute title on a property
Ground Rent
Money that needs to be paid under leasehold
Habitable
Property which is suitable and fit for a person to live in
Habitual residence
The place of a person’s home or residence
Her Majesty's Land Registry
Government Department that holds information regarding property ownership details
Holdover Tenancy
A tenancy which arises because someone remains in possession of a property after the expiration of the previous tenancy
Indenture
A deed or other document binding two or more parties
Joint Tenants
Where people jointly own assets or property. The ownership passes to the survivor on the death of the other party
Land Registry
A body that maintains records of who owns property and what conditions relate to the property
Landlord
Property owner who rents it out to a Tenant
Lease
The letting of land for a prescribed period
Leasehold
Where property is owned for a limited period
Loss of Use
This is where a property cannot be used in the normal way for some reason
Mesne Profits
Sum of money claimed by the owner of property against someone not legally entitled to be in possession
Notice to Quit
Gives prior notice, when served in possession proceedings, of termination of a tenancy
Occupancy
Holding or possessing premises
Ouster
An order within an injunction to force a person to leave a property
Party Wall
A wall dividing two separate premises - the joint responsibility of both owners
Planning permission
When the Local Authority approval the building, extension or change of use of a property.
Possession Proceedings
Legal proceedings by a landlord to recover land or property
Premises
A building or part thereof
Quiet Enjoyment
These are the implied obligations of a landlord to ensure that their tenant is not disturbed in their property
Realty
Land
Reasonable Wear and Tear
Damage to a property as a result of normal use
Reposession
Taking possession of a property, usually due to lack of payment of rent or mortgage
Restrictive covenant
An agreement which prevents a property purchaser from building on or using the property in a certain way
Squatter
A person occupying land or property without the owners consent
Sub-Letting
The renting of a property by a tenant
Tenant
Someone who rents a property from a Landlord
Tenants in common
Where more than one party owns a property but each party has a specified share
Tenure
The type of property holding
Title
The owner's right to a property
Title Deeds
Documents which act as evidence of ownership and set out any obligations or rights which affect the property.
Trespass
Invasion of private property
Warrant of Restitution
A remedy available following illegal re-entry of premises by persons evicted under a warrant of possession, whereby a bailiff is authorised to evict all occupants found on the premises and re-deliver the premises to the plaintiff
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