Conveyancing Ombudsman
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Conveyancing Ombudsman
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each par ...
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Title (property)
In property law, title is an intangible construct representing a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. '' Possession'' is the actual holding of a thing, whether or not one has any right to do so. The '' right of possession'' is the legitimacy of possession (with or wi ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ...
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Flood Risk Assessment
A flood is an overflow of water ( or rarely other fluids) that submerges land that is usually dry. In the sense of "flowing water", the word may also be applied to the inflow of the tide. Floods are of significant concern in agriculture, civil engineering and public health. Human changes to the environment often increase the intensity and frequency of flooding. Examples for human changes are land use changes such as deforestation and removal of wetlands, changes in waterway course or flood controls such as with levees. Global environmental issues also influence causes of floods, namely climate change which causes an intensification of the water cycle and sea level rise. For example, climate change makes extreme weather events more frequent and stronger. This leads to more intense floods and increased flood risk. Natural types of floods include river flooding, groundwater flooding coastal flooding and urban flooding sometimes known as flash flooding. Tidal flooding ...
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Regional Water Authority
A regional water authority, commonly known as a water board, was one of a group of public bodies that came into existence in England and Wales in April 1974, as a result of the Water Act 1973 coming into force. This brought together in ten regional units a diverse range of bodies involved in water treatment and supply, sewage disposal, land drainage, river pollution and fisheries. They lasted until 1989, when the water industry was privatised and the water supply and sewerage and sewage disposal parts became companies and the regulatory arm formed the National Rivers Authority. Regional water authorities were also part of the Scottish water industry when three bodies covering the North, West and East of Scotland were created in 1996, to take over responsibilities for water supply and sewage treatment from the regional councils, but they only lasted until 2002, when they were replaced by the publicly owned Scottish Water. Background The idea of organising water management into ...
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Local Authority Search
In the United Kingdom, a local authority search (also known as local land charges search or local search) refers to the provision of specific information about a particular property and the surrounding area for buyers and sellers. This is undertaken as part of the conveyancing process by a solicitor or a licensed conveyancer. If you are borrowing money to finance the purchase it will normally be a condition of the advance that you obtain a local search. If you are not having finance it is your option whether to have a local search or not. The solicitor or licensed conveyancer acts on behalf of the property buyer or the tenant, and liaises with the local authority who are responsible for carrying out the local authority search. The timescale for the return of the search result depends on which local authority carries out the search. The majority of local authorities return search results in under five working days. It is also possible to undertake a personal search of the local land ...
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Land Registry (United Kingdom)
His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Ministry of Housing, Communities and Local Government(MHCLG). The land register contains information on 87% (by area) of the freehold land in England and Wales as of 2019. While HM Land Registry reports to MHCLG, it is operationally independent. The fees it charges for the registration and information services it provides are returned to HM Treasury. The current Chief Land Registrar (and CEO) is Simon Hayes. The equivalent office in Scotland is the Registers of Scotland. Land and Property Services maintain records for Northern Ireland. Purpose HM Land Registry registers the ownership of property, as well as noting other interests in registered land. It is one of the largest property databases in Europe. At the peak of the property boom in 2007, £1 million worth of property was proces ...
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Surveying
Surveying or land surveying is the technique, profession, art, and science of determining the land, terrestrial Plane (mathematics), two-dimensional or Three-dimensional space#In Euclidean geometry, three-dimensional positions of Point (geometry), points and the Euclidean distance, distances and angles between them. These points are usually on the surface of the Earth, and they are often used to establish maps and boundaries for ownership, locations, such as the designated positions of structural components for construction or the surface location of subsurface features, or other purposes required by government or civil law, such as property sales. A professional in land surveying is called a land surveyor. Surveyors work with elements of geodesy, geometry, trigonometry, regression analysis, physics, engineering, metrology, programming languages, and the law. They use equipment, such as total stations, robotic total stations, theodolites, Satellite navigation, GNSS receivers, ...
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Estate Agent
An estate agent is a person or business in the United Kingdom that arranges the selling, renting, or managing of real estate, properties and other buildings. An agent that specialises in renting is often called a Letting agent, letting or management agent. Estate agents are mainly engaged in the marketing of property available for sale and contract reassignments, and a solicitor or licensed conveyancer is used to prepare the legal documents. In Scotland, however, many solicitors also act as estate agents, a practice that is rare in England and Wales. In the other countries such as the United States, estate agents are more commonly called real estate agents. "Estate agent" also remains the current title for the person responsible for the management of one group of privately owned, all or mostly tenanted properties under one ownership. Alternative titles are factor, steward, or bailiff, depending on the era, region, and extent of the property concerned. Origin The term originally ...
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Due Diligence
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. Due diligence can be a legal obligation, but the term more commonly applies to voluntary investigations. It may also offer a defence against legal action. A common example of due diligence is the process through which a potential acquirer evaluates a target company or its assets in advance of a merger or acquisition. The theory behind due diligence holds that performing this type of investigation contributes significantly to informed decision making by enhancing the amount and quality of information available to decision makers and by ensuring that this information is systematically used to deliberate on the decision at hand and all its costs, benefits, and risks. Development of the term The term "due diligence" can be read as "required carefulness" ...
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Cost Of Moving House In The United Kingdom
Cost is the value of money that has been used up to produce something or deliver a service, and hence is not available for use anymore. In business, the cost may be one of acquisition, in which case the amount of money expended to acquire it is counted as cost. In this case, money is the input that is gone in order to acquire the thing. This acquisition cost may be the sum of the cost of production as incurred by the original producer, and further costs of transaction as incurred by the acquirer over and above the price paid to the producer. Usually, the price also includes a mark-up for profit over the cost of production. More generalized in the field of economics, cost is a metric that is totaling up as a result of a process or as a differential for the result of a decision. Hence cost is the metric used in the standard modeling paradigm applied to economic processes. Costs (pl.) are often further described based on their timing or their applicability. Types of accounti ...
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Gazundering
Gazumping occurs when a seller (especially of property) accepts a verbal offer (a promise to purchase) on the property from one potential buyer, but then accepts a higher offer from someone else. This can happen at any point before the sale is legally finalised. It can also refer to the seller raising the asking price or asking for more money at the last minute, after previously verbally agreeing to a lower one. In either case, the original buyer is left in a bad situation, and either has to offer a higher price or lose the purchase. The term ''gazumping'' is most commonly used in the United Kingdom and Ireland, although similar practices can be found in some other jurisdictions. England and Wales With buoyant property prices in the British residential property market of the late 1980s, gazumping became commonplace in England and Wales, because a buyer's offer is not legally binding even after acceptance of the offer by the vendor. A contract for the sale of land must be in wri ...
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