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 and completion.
England is a country that is part of the United Kingdom. It shares land borders with Wales to the west and Scotland to the north. The Irish Sea lies west of England and the Celtic Sea to the southwest. England is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight.
Wales is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, and the Bristol Channel to the south. It had a population in 2011 of 3,063,456 and has a total area of 20,779 km2 (8,023 sq mi). Wales has over 1,680 miles (2,700 km) of coastline and is largely mountainous with its higher peaks in the north and central areas, including Snowdon, its highest summit. The country lies within the north temperate zone and has a changeable, maritime climate.
Sometimes referred to as a transfer and formerly a conveyance or assignment (if a transfer of an existing Leasehold title).
Several different forms of transfer are used, depending on the circumstances of the transaction. For example, a TR1 is used for most cases where the whole of a title is to be transferred, a TR2 is used for most possession sales, and a TP1 for most transfers of part.
Repossession, colloquially repo, is a "self-help" type of action in which the party having right of ownership of the property in question takes the property back from the party having right of possession without invoking court proceedings. The property may then be sold by either the financial institution or third party sellers.
HM Land Registry requires that prescribed forms are used for transfer deeds, and these are available from the Registry's website, as well as from law stationers.
Her Majesty's Land Registry is a non-ministerial department of the Government of the United Kingdom, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Department for Business, Energy and Industrial Strategy
Middlesex County is a county in the Commonwealth of Massachusetts, in the United States. As of 2018, the estimated population was 1,614,714, making it the 22nd most populous county in the United States, and the most populous county in both Massachusetts and New England. As part of the 2010 national census, the Commonwealth's mean center of population for that year was geo-centered in Middlesex County, in the town of Natick at. Middlesex County is included in the Census Bureau’s Boston–Cambridge–Newton, MA–NH Metropolitan Statistical Area.
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. It is a way that real estate and land may be owned in common law countries, and is the highest possible ownership interest that can be held in real property. Allodial title is reserved to governments under a civil law structure. The rights of the fee simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and it could also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional.
In common law and statutory law, a life estate is the ownership of land for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant".
A mortgage is a security interest in real property held by a lender as a security for a debt, usually a loan of money. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower.
A deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.
Lord of the manor is a title given to a person holding the lordship of a manor in the Anglo-Saxon system of manorialism which emanated from feudalism in English and Irish history. In modern England and Wales, it is recognised as a form of property, one of three elements of a manor that may exist separately or be combined, and may be held in moieties:
the title ;
the manorial, comprising the manor and/or its land; and
the seignory, rights granted to the titular holder of the manor.
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. The interests that are not guaranteed are called "paramount interests". Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar would provide a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register.
Recorder of deeds or Deeds registry is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over that property.
Closing is the final step in executing a real estate transaction.
In the Middle Ages, especially under the European feudal system, feoffment or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept.
Deeds registration is a land management system whereby all important instruments which relate to the common law title to parcels of land are registered on a government-maintained register. Deeds registration systems were set up to facilitate the transfer of title. The system had been used in some common law jurisdictions and continues to be used in some jurisdictions, including most of the United States. It is being replaced by Torrens systems in many jurisdictions. Australia, Ireland as well as most Canadian provinces have converted from deeds registries to Torrens titles. Some Canadian provinces have never operated a deeds registry and have always used Torrens titles. Other Canadian provinces which have converted from a deeds registry to Torrens titles have operated both systems in conjunction until the Torrens system gradually superseded the deeds registry system, as was the case in Nova Scotia and New Brunswick during the 2000s. In the Canadian province of Ontario, electronic registration led to Ontario's version of Torrens title covering almost all land, but the past deeds registration still governs some issues. Hong Kong and the Canadian provinces of Quebec, Newfoundland and Labrador and Prince Edward Island are the only provinces left which still operate a deeds registration system.
A Muniment or Muniment of Title is a legal term for a document, title deed or other evidence, that indicates ownership of an asset. The word is derived from the Latin noun munimentum, meaning a "fortification, bulwark, defence or protection". Thus "muniments of title" means the written evidence which a land owner can use to defend title to his estate.
General Register Office or General Registry Office (GRO) is the name given to the civil registry in England and Wales, Scotland, many other Commonwealth nations and Ireland. The GRO is or was the government agency responsible for the recording of vital records such as births, deaths, and marriages, which may also include adoptions, stillbirths, civil unions, etc., and historically, sometimes included records relating to deeds and other property transactions.
Land registration generally describes systems by which matters concerning ownership, possession or other rights in land can be recorded to provide evidence of title, facilitate transactions and to prevent unlawful disposal. The information recorded and the protection provided will vary by jurisdiction.
Lease and release is literally the lease (tenancy) of non-tenanted property by its owner followed by a release (relinquishment) of the landlord's interest in the property. This sequence of transactions was commonly used to transfer full title to real estate under real property law. Lease and release was a mode of conveyance of freehold estates formerly common in England and in New York for tax avoidance and speed. Between its parties it achieves the same outcome as a deed of grant/transfer/conveyance.
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms. All types are subject to general rules and constraints. As one of the formalities in English law express, express legal easements must be created by deed.
Formalities in English law are required in some kinds of transaction by English contract law and trusts law. In a limited number of cases, agreements and trusts will be unenforceable unless they meet a certain form prescribed by statute. The main kinds of formality that a statute can require are to put the transaction in writing, to make a deed, or to register it at a government registrar.
In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property was, and continues to be, all property that is not real property.
Amalgamation in English and Welsh land law is a simple process carried out in registered land. It combines neighbouring parcels (holdings) of land which are freehold.
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