Published court decisions which establish legal precedents, binding lower courts.

(Latin- - beware.) A formal warning. Caveat emptor (meaning "buyer beware") is a warning to buyers to check for themselves things which they intend to buy, so they cannot later hold the vendor responsible for the faulty condition of the item. The Sale of Goods and Supply of Services Act 1980 extends the rights of consumers in this area.

Moveable items of property which are neither land nor permanently attached to land or a building. (Land or buildings are described as "real property".) Chattels are also known as personal property (or personality). A freehold property is not a chattel, but a leasehold is.

Form of security for payment of a debt.

Court above the District Court and below the High Court.

Written amendment or addition to an existing will.

Property committed to guarantee a loan.

Legal entity which permits a group of shareholders to create an organization to pursue set objectives. A company may have legal rights which are usually reserved for individuals, such as the power to sue and be sued, own property, hire employees or lend and borrow money. The main advantage of a company structure is that it gives shareholders a right to participate in profits (through dividends) without any personal liability.

Court order agreed between both sides.

Consideration has been defined as "some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other". Under common law, any binding contract must have some consideration, no matter how small. The courts will not normally inquire into the sufficiency of the consideration; a "peppercorn rent" would be sufficient.

A Chartered Surveyor is a professional who practises in one of the following areas of the property and construction industry: Quantity Surveyor, Valuation Surveyor, Building Surveyor, Mineral Surveyor, Geomatics Surveyor, Planning and Development Surveyor, Rural Practice Surveyor.

A legally binding written document of agreement between two parties approved by both sides' S olicitors, and setting out the agreed terms by which both sides are committed to proceed to completion.

A legal term covering a registered claim against a property as security for money owing.

To leave property in the custody of another. An item can be consigned to a transport company, for example, to move it from one place to another. The consignee is the person who receives the property and the consignor is the person who ships the property to the consignee.

The lack of adequate ventilation in a room causes an accumulation of moist air, which when it meets a cold wall or window deposits moisture in the form of condensation. Can easily be cured by an increase in ventilation and improving insulation.

Is either taken to mean the act of transferring ownership of a property, or alternatively the legal document which effects the transfer.

Legal process of interpreting a phrase or document. If a term is unclear or ambiguous, lawyers and judges must try and interpret (or construct) its probable intention and purpose. This may be done by referring to other parts of the document, by reference to the known intentions of those who drew up the document, or, in the case of statutes, by referring to an interpretation law which gives guidelines for construction.

A form of damp proof course using a chemical compound injected into the brickwork.

The details that determine the rights and duties of the buyer and seller.

Trust imposed by a court in certain circumstances, regardless of the intention of the parties involved (such as where a trustee has improperly profited from his position).

The date of payment of the balance of the purchase money, when the buyer is entitled to take possession of the property.

A tax upon any profit realised on the disposal of an asset. Owner occupied properties are generally exempt from Capital Gains Tax.

Generally a “flat” stone used to cap the top of parapet walls or garden walls.

A binding promise in a deed to do or not to do something i.e., payment of a service charge, or restrictions to not do something such as trading from a residential premises.

Agreement between two or more persons which obliges each party to do (or refrain from doing) a certain thing. A valid contract requires an offer, acceptance of that offer and consideration.

Contract law is the basis of all commercial dealings. The terms of a contract may be express or implied. Express provisions may be varied by statute. Unfair contract terms are now excluded by legislation, and, in areas such as employment and the sale of goods, the law imports a wide range of implied terms into new and existing contracts

Negligence which is not the primary cause of a tort, but which combined with the act or omission of another person to cause the damage. In the case of a car crash, for example, an injured driver who was not wearing a seat belt may be found contributorily negligent for his injuries.

Legal proceeding for damages by a property owner against a defendant who found property and converted it to his own use - that is, retained it or otherwise interfered with it.

Written document transferring property from one person to another. Conveyances are usually drafted by solicitors.

The legal expenses of an action, such as lawyers' fees, witness expenses and other fees paid out in bringing the matter to court. The rule is generally that "costs follows the event", which means that the loser normally pays the legal costs of both sides. The judge has the final decision and may decide not to make an order on costs.

Another term for a barrister.

Respondent's claim against a plaintiff in the same action.

Written document in which signatories either commit themselves to do (or not to do) something, or in which they agree on a certain set of facts. Covenants are very common in leases where a landlord will usually covenant to give the tenant "quiet enjoyment" and the tenant covenants to pay the rent, keep the premises in good repair and deliver them up at the end of the tenancy.

Person to whom money, goods or services are owed by a debtor.

Act or omission forbidden by criminal law.

Land around a dwelling house, used by the occupants for their enjoyment or work. This land may be enclosed by fencing and includes any outhouses such as sheds, garages or workshops.