Agricultural tie
A planning condition, usually dating back to when a property was built, stating that it can only be occupied by someone who is, or was last, mainly employed in agriculture (farming) or forestry, or their partner. Depending on the situation, this obligation can sometimes be removed, through a Change of Use application or a Certificate of Lawful Use. For more information contact our Property Law Team.
Area of Outstanding Natural Beauty (AONB)
In total, almost a thousand square kilometres of Cornwall are designated as an Area of Outstanding Natural Beauty, protecting the landscape. This is divided into twelve locations: ten stretches of coastline, plus the Camel Estuary and Bodmin Moor. While such areas are highly desirable for their scenery, there are certain legal restrictions on planning and development, and rules over how the landscape is managed. For more information contact our Property Law Team.
Bank transfer fees
A charge banks make for transferring money electronically between bank accounts.
Boundary fence
Many people are unsure exactly where their property boundaries are, or who owns (and is responsible for the maintenance of) which fence or wall. Unfortunately, there are a number of unhelpful myths, claiming that – for example – looking from the road, you always own the fence on the right of the property. These are untrue and, while it may be the case on some particular streets or developments, there is no national standard: in the first instance, one should consult HM Land Registry documents. If you’d like some help, please contact our Residential Property Team.
Break clause
A clause inserted into a lease agreement – usually negotiated at the tenant’s request – giving the automatic right to terminate a property lease at a particular point in time. Often, these can prove controversial, with the landlord seeking to include stringent conditions for the clause, and attempts to exercise a break clause can frequently end in court. It is therefore essential to have experienced legal help when either negotiating, or using, such a clause. For more, talk to our Commercial Property Law Team.
Building regulations
A list of rules, set out in the Building Act 1984 and updated in the Building Regulations 2000 (as amended), which aim to ensure homes in England and Wales are built to a safe standard to live in. If your property is found not to meet these standards, you could be liable for the costs of putting it right. Requires particular attention when buying new build homes.
Buy-to-let
Purchasing a residential property not to live in yourself, but to rent out as a landlord. There are particular mortgages available designed for this purpose. If you’re thinking of becoming a Landlord, contact our Residential Property Law Team.
Charge on property
When you buy a property, it’s important that you know about any outstanding mortgages or loans secured against it.
Coastal boundary
If you are fortunate enough to buy a property on the coast, it is essential that your solicitor is experienced in dealing with coastal boundaries, and can talk you through the impact of the tides and various rights, responsibilities and agencies involved. For more information contact our Property Law Team.
Completion
Completion is usually the day you move house – and the actual ownership of the house changes hands – in return for the agreed purchase monies. It’s an exciting day for all concerned: there’s always something special about finally getting the keys to the property!
Conservation area
Although it might sound like a nature reserve, a conservation area is actually a planning term. It is a place which is judged to have a special character or historic quality, and to protect this the Local Authority has extra powers to control demolitions, minor developments, and even lopping of trees. When buying a home in a conservation area, as with listed buildings, it is essential to check that no prior work has been carried out without permission, that you may later need to put right. See our page on Listed Buildings for more information.
Contract
The legal agreement between the Buyer and the Seller of a property. It sets out what has been agreed, a full description of the property and any land included in the sale, and the price. For residential properties, it will usually include information on fixtures, fittings and contents, as well as with details of what happens if things go wrong to protect both the Buyer and the Seller.
Contract race
A difficult situation where a seller who is keen to proceed agrees that they will exchange contracts with whichever of two or more potential buyers is first to be ready to proceed with the purchase. There are often potential pitfalls, and it is important to be fully informed: the fastest thing is to call our property team now, on 01726 68111 (St Austell) or 01872 276363 (Truro), to discuss your options.
Conveyancing
The actual process of transferring of the legal title to land and property from one person's name to another; although the word “conveyancer” can also describe a solicitor handling a broader range of property matters.
Deed of Rectification
A document which corrects an error in an another existing document, usually affecting the title deeds for a property.
Deposit
A sum of money the Buyer pays the Seller before completion, when contracts are exchanged. The usual amount suggested by the Law Society is 10% of the purchase price.
Duchy of Cornwall Estate
When dealing with Cornish countryside homes, it is not unusual for a property to border some of the 7,134 hectares owned by the Duchy of Cornwall estate. Having the Prince of Wales for a neighbour does make matters slightly more complicated than the usual house purchase, requiring local experience and particular attention to detail to ensure there are no issues in future. Our Property Law Team can help.
Easements
An easement is a legal right, attached to your property, over another property you do not own – for example, the right to cross someone else’s property to access your land.
Equity The value of ownership in a property – so transferring half of the equity of your home to a loved one would make them an equal co-owner. The word equity can also be used to describe any difference between the value of your home, and any outstanding mortgage or loan secured against it (if the home is worth less than the loan, this is called negative equity).
Exchange of contracts
The time when both the Buyer and the Seller have signed their contracts, agreeing to complete the sale on a certain date. Any deposit will have been paid by the Buyer to the Buyer's Solicitor, who speaks to the Seller's Lawyers to agree that exchange has taken place. Once this is done the contract is dated, the completion date inserted and both the Buyer and the Seller are legally bound by their contracts.
Fixtures, Fittings & Contents
A list which sets out which items at the property are being removed by the Seller and which will stay behind as part of the sale. This guards against disputes between the Buyer and Seller as to what is to be left in the property on the day of completion.
Flood zones
Areas identified by the Environment Agency as at risk of flooding fall into one of three categories: Flood Zone 1, 2 or 3 – each with a different level of planning restrictions. Local knowledge can be very helpful in interpreting what these boundary maps really mean. If in any doubt, ask our Countryside & Coastal homes team.
Flying Freehold
Overlapping title deeds, where one property overhangs another building or right of way. Similarly, they can occur beneath a property; for example where a cellar from one building extends beneath the property next door. They can complicate your house move, so please contact our Residential Property Team for more information.
Foreshore
In coastal property, this is the area between the high tide and low tide marks.
Freehold
The outright, permanent right of ownership to a property – both the land, and any immovable structures on it – without the ownership reverting to another party after a set period of time (which is called leasehold).
Freehold reversion for a leasehold property
Sometimes, it is possible to buy of both freehold and leasehold interests in a property, usually merging the two titles into one freehold title.
Gazumping
Where a sale has been agreed, and conveyancers have been instructed, but the Seller is tempted by a late, higher offer for the property – either returning the Buyer’s contract, or asking them to meet the new price. It is a difficult situation, and the best way to avoid it is to work with a fast, efficient local solicitor so that contracts are exchanged as quickly as possible and the sale is secure.
Guarantor
Where one person signs a “Deed of Guarantee”, agreeing to underwrite another person’s obligations, usually in relation to a mortgage or other legal charges; for example if a parent promises to pay if their son or daughter should experience mortgage repayment problems, giving extra security to the lender.
Joint tenant
A legal expression which has nothing to do with renting property but relates to buying a home. When you buy a property with a partner you have a choice about how that ownership works. The most common, ownership as Joint Tenants, means you share the obligations of ownership equally and, on death, the surviving partner automatically inherits the whole property. For more information, click here.
Land Registry
The government authority which registers changes in ownership of all property in England, Wales and Northern Ireland. Every transfer must be forwarded to the Land Registry after completion. Once the registration has been completed the Land Registry will issue a Land Certificate or a Charge Certificate depending on whether there is a mortgage involved. If there is a mortgage this Charge Certificate will be sent to the Lender to keep, but if there is no mortgage then the Land Certificate can be forwarded to the Buyer.
Leasehold
A type of tenure where you effectively buy not the property itself, but the right to occupy it for a set number of years, paying a ground rent to the owner of the freehold (although this is often a token, or “peppercorn” rent, which is not actually collected).
Listed building grades
There are around 12,500 listed buildings in Cornwall, which are protected because of their architectural or historic value. This does not mean that they cannot be altered but the legislation is designed so that any proposed work to a listed building is given full and proper consideration. There are three Grades of listing: Grade I, Grade II*, and Grade II (or 2). Around 94% of listed buildings fall into Grade 2, which means consent must be requested for any works that would affect their character – even something as simple as fitting a satellite dish or, importantly, internal works like replacing doors or cupboards. With such a long list of consents required, anyone buying a listed property of whatever grade should ensure their solicitor pays particular attention to detail, or they could find themselves legally liable for expensive works to correct alterations made by a previous owner. See our page on Listed Buildings for more information.
Litigation
The legal process of bringing a civil action (or lawsuit) against another party. Taking matters to court is usually the very last resort in a dispute, but it is reassuring to know the brains solicitors Property Team have fast-track access to some of Cornwall’s strongest litigators, just across the hall.
Local Authority Search
A list of questions the Buyer's Lawyers send to the Local Authority where the property is situated. It covers whether the road is adopted, what planning and building regulation consents exist and whether there are any unusual orders or regulations which affect the property. It could also help identify if a new road is about to be built near the property. We will ensure that you are informed of any items revealed in the search which may affect the future value of your property.
Mining searches
Historic tin mining works are widespread in Cornwall. Although mining activity has almost completely ceased, some properties do still suffer subsidence issues due to old underground tunnels, or soil contamination from arsenic and other harmful by-products. It is therefore very advisable for anyone considering buying a home in one of Cornwall’s former mining districts to commission a desktop mining search as part of their conveyancing package. The resulting report, based upon a range of historic maps, plans and charts, will give an indication of a property’s relative risk of problems – and if the findings are cause for concern, it may be that further, physical investigations like drilling or soil sampling are in order, whether for your own peace of mind, or to satisfy a mortgage lender. See our page on Mundic, Mining and Radon.
Mortgage redemption
Paying off your mortgage, usually on completion of your house sale, and before proceeding with any purchase
Mundic block tests
Until 1950, mining waste was used in concrete elements of many Cornish properties, and in some cases this has become unstable: so-called “concrete cancer”. Mortgage lenders will often require a Concrete Screening Test on local properties that include concrete elements. Of the four possible test results, Class A, Class A/B, Class B and Class C, only Class A – which shows that the concrete was made entirely from suitable minerals – is usually considered suitable for mortgage.
Off-plan buying and selling
Buying or selling a property based on plans alone, often before a single brick has been laid. It gives property developers a degree of security, and can enable fast-moving homeowners or investors to gain a desirable property at an advantageous price; however, caution is needed from both sides, and good legal advice is essential – whether you’re a Buyer or a Developer.
Party wall
A wall that is shared between two adjoining buildings. This is sometimes constructed over the centre of the property line dividing two terraced flats or row houses so that one half of the wall is on each property. Because responsibility is invariably shared, with each party’s actions affecting the other, party walls can sometimes be a cause for dispute.
Planning consent
Permission from the local planning authority to carry out a certain piece of building work, or use a property for a particular purpose. It is particularly important when buying a home to ensure that any previous works have the relevant planning consents, or else the new homeowner could find themselves legally liable for correcting prior works.
Power of Attorney
This is a legal deed which enables another person (the Attorney) to sign documents and do things on your behalf, and in your name. This is often necessary if a buyer or seller will be abroad during the conveyancing transaction, and should not be confused with a Lasting Power of Attorney (replacing the old Enduring Power of Attorney), which is used when someone is no longer capable of looking after their own affairs.
Probate
This is the business of acting on the terms of somebody’s Will – so a probate sale is usually involves selling a house where the owner has died. The Executors named in the Will have a duty to the beneficiaries to ensure that they maximise the price achieved. Where there is a likely dispute the executors may decide, or be ordered by the court, to sell the property by public auction. Generally, where an estate agent is handling a probate sale they will have less discretion and, as they will not have been instructed by the former occupier, the agents will know less about the property than is usual, so it is important to proceed with particular care.
Property acquisition
Another name for buying a property, land or lease.
Property disposal
Another name for selling a property, often used in Commercial Property matters. May involve selling on the open market or, sometimes, through auction.
Property Information Form
This is a questionnaire completed by the Sellers of a property to give the Buyer general information to whether there have been any disputes with neighbours, whether there are any guarantees or warranties on the property, whether the current owners have made any alterations to the property during their ownership and if so what consents were necessary and whether they were obtained.
Radon gas
Radon is a colourless, odourless, radioactive gas… and Cornwall has more of it than anywhere else in the UK. Consistently breathing a high concentration of Radon is a serious health risk, with links cited to Lung Cancer, so homes with a high level may need remedial work. However, the worst affected areas, West and North Cornwall, have recently benefited from Radon testing rollout programmes, so many properties may already benefit from measures like improved ventilation. See our page on Mundic, Mining and Radon.
Remedial work
Works to put something right in the property – often used in the case of correcting prior works that contravene planning, building regulations, AONB, conservation area or listed building rules. A new owner of a property can be legally liable for the cost of these works, even if they were carried out by a previous owner, so care in conveyancing is important. See our page on Listed Buildings for more information.
Rent-free period
Part of the term of a lease – usually at the beginning – where no rent is asked. This might be offered by a landlord to make a tenancy more attractive, or negotiated with a tenant in return for decoration works, or similar. For more information, talk to our Commercial Property Law Team.
Rent review
Clauses that are inserted in a lease or tenancy agreement, allowing the rent to be adjusted to match the market level on a pre-agreed date. These can be contentious, especially if the terms of the rent review clause are complicated, or the tenant believes the new rent is not a fair level, so whether you’re a landlord or a tenant, it’s good to have experienced legal advice.
Retrospective enforcement
Where a Local Authority seeks to undo building works that have contravened planning or building regulations. This might mean replacing altered features, removing new additions or, in extreme cases, demolishing a building or extension entirely – all at the owner’s expense, even if the works themselves were carried out by a previous owner. It is therefore essential when buying a property that your conveyancer should check that all works – and even the building itself – had the correct consents.
Rights of way
A right of way is a right to pass, and repass, over land belonging to somebody else. It could be a public footpath crossing private land or a more private arrangement which only applies to the immediate neighbours in a terrace of cottages when the provision may be covered by a licence or easement. Because granting access can be inconvenient, or the terms open to interpretation or abuse, rights of way are one common cause of neighbour disputes.
Right to light
Under the Prescription Act 1932, the owner of a building with windows that have received natural daylight for 20 years or more is entitled to forbid any construction or other obstruction that would deprive him or her of that illumination. Neighbours cannot build anything that would block the light without permission. If a planned development could block your light, why not give us a call.
Section 106 Agreement
A restriction placed on the developer of a property by the planning authority, as a condition of granting planning permission. Commonly, this might mean that the property can only be bought at a designated affordable price, or by people with connections to the local area.
Single Payment Scheme (SPS)
The Single Payment Scheme (SPS) is an agricultural subsidy scheme from the European Union, giving direct payment to landowners. This can affect countryside properties; particularly in purchases involving designated agricultural land. For more information contact our Property Law Team.
Snagging
Snagging is the process of spotting and resolving defects in new-build houses. With the increase in off-plan buying, it is increasingly something that Buyers are performing themselves – a recent survey suggested that a typical three-bedroom new-build home requires as many as 80 snagging repairs after the new owner has moved in. As you might expect, such disagreements are not always resolved easily, and that’s when quality legal advice comes in handy.
Stamp Duty Land Tax
This is a tax paid to the government when there is a transfer of property. This is calculated as a percentage of the value of the property you intend to buy.
Statutory Declaration for Title Rectification
A legal declaration by an individual explaining problems with a property's title and usually claiming the existence of rights acquired by the passage of time.
Tenancy agreements
A tenancy agreement is a legal document that sets out the rights and responsibilities of both landlord and tenant. It contains such details as the length of the agreement, the rent payable, and what is and isn't allowed in the property.
Tenancy deposit scheme
We ensure that residential landlords are fully aware of their options and responsibilities for tenancy deposit schemes. Currently, there are two types of tenancy deposit protection scheme available for landlords: insurance-based schemes and custodial schemes. All schemes provide a free dispute resolution service, and are designed to allow tenants to get all or part of their deposit back when they are entitled to it and encourage tenants and landlords to make a clear agreement from the start on the condition of the property. Landlords can ask about their options by contacting us here.
Tenants in common
An alternative way to own your property together, the other being as Joint Tenants. Tenants in Common each own a pre-agreed share of the property, but should one of them die their share is dealt with as set out in their Will, rather than automatically reverting to the other tenant. For more information, click here.
Title Deeds
These documents evidence the person selling the property is the legal owner. They are public documents, recorded and guaranteed by the Land Registry, and set out any rights or obligations which have to be complied with.
Transfer document
This is a document which actually transfers the legal title from the name of the Seller to the name of the Buyer. This is the final document produced in a property sale and is also the document sent to the Land Registry to register the new ownership on their records.
Vendor
Another name for the person or party who sells a property: the Seller.
Voluntary First Registration
An application by the current owner of an unregistered property for registration at H.M. Land Registry.