Conveyancing (Scotland) Act 1924
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Conveyancing (Scotland) Act 1924
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 ...
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Title (property)
In property law, title is an intangible construct representing a bundle of rights in (to) 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. In United States law, evidence of title is typically established through title reports written up by title insurance companies, which show the history of title (prop ...
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Gazump
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. 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 writing, a requirement of English law that dates back to the Statute of ...
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Radon
Radon is a chemical element with the symbol Rn and atomic number 86. It is a radioactive, colourless, odourless, tasteless noble gas. It occurs naturally in minute quantities as an intermediate step in the normal radioactive decay chains through which thorium and uranium slowly decay into various short-lived radioactive elements and lead. Radon itself is the immediate decay product of radium. Its most stable isotope, 222Rn, has a half-life of only 3.8 days, making it one of the rarest elements. Since thorium and uranium are two of the most common radioactive elements on Earth, while also having three isotopes with half-lives on the order of several billion years, radon will be present on Earth long into the future despite its short half-life. The decay of radon produces many other short-lived nuclides, known as "radon daughters", ending at stable isotopes of lead.
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Landfill
A landfill site, also known as a tip, dump, rubbish dump, garbage dump, or dumping ground, is a site for the disposal of waste materials. Landfill is the oldest and most common form of waste disposal, although the systematic burial of the waste with daily, intermediate and final covers only began in the 1940s. In the past, refuse was simply left in piles or thrown into pits; in archeology this is known as a midden. Some landfill sites are used for waste management purposes, such as temporary storage, consolidation and transfer, or for various stages of processing waste material, such as sorting, treatment, or recycling. Unless they are stabilized, landfills may undergo severe shaking or soil liquefaction of the ground during an earthquake. Once full, the area over a landfill site may be reclaimed for other uses. Operations Operators of well-run landfills for non-hazardous waste meet predefined specifications by applying techniques to: # confine waste to as small an area as ...
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Contaminated Land
Contaminated land contains substances in or under the land that are actually or potentially hazardous to health or the environment. Areas with a long history of industrial production are known as brownfield land. Many such sites may be affected by their former uses such as mining, industry, chemical and oil spills and waste disposal. Contamination can also occur naturally as a result of the geology of the area, or through agricultural use. Overview Land can be contaminated by things like: * heavy metals, such as arsenic, cadmium and lead * oils and tars * chemical substances and preparations, like solvents * gases * asbestos * radioactive substances. United Kingdom A requirement was placed on all local authorities in England, Wales and Scotland to investigate potentially contaminated sites and, where necessary, ensure they are remediated by Part IIA of the Environmental Protection Act 1990, which was inserted by the Environment Act 1995 The regime in Part IIA did not apply t ...
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Chancel Repair Liability
Chancel repair liability is a legal obligation on some property owners in England and Wales to pay for certain repairs to a church which may or may not be the local parish church. Where people own property within land that was once rectorial (part of a rectory or glebe), they may have wittingly or unwittingly acquired a responsibility to fund repairs to the chancel of the medieval-founded Church of England parish church or Church in Wales church which that glebe land supported. This can still be invoked by the church council of some parishes. It is currently common practice for purchasers of land to check whether the local parish includes a church where such a liability may apply, and if so to take out chancel liability insurance. History From pre-Reformation times, churches in England and Wales have been ministered by either a vicar, who received a stipend (salary), or a rector or parson who received tithes from the parish. The rectors (of around 5,200 churches) were responsibl ...
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Flood Risk Assessment
A flood risk assessment (FRA) is an assessment of the risk of flooding from all flooding mechanisms, the identification of flood mitigation measures and should provide advice on actions to be taken before and during a flood. The sources of water which produce floods include: * Groundwater (saturated groundwater) * Vadose (water flowing the ground in an unsaturated state) * Surface water * Artificial water (burst water mains, canals or reservoirs) * Rivers, streams or watercourses * Sewers and drains *Flooding of low-lying coastal regions due to sea level rise For each of the sources of water, different hydraulic intensities occur. Floods can occur because of a combination of sources of flooding, such as high groundwater and an inadequate surface water drainage system. The topography, hydrogeology and physical attributes of the existing or proposed development need to be considered. A flood risk assessment should be an evaluation of the flood risk and the consequences and impact a ...
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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 passing of the Water Act 1973. 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 region ...
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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 lan ...
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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 Department for Business, Energy and Industrial Strategy. HM Land Registry is internally independent and receives no government funding; it charges fees for applications lodged by customers. 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. 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 processed every minute in England and Wales. Like land registration organisations in other countries, HM Land Registry guarantees title to registered estates and interests in land. It records the ownership rights of freehold pr ...
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Surveying
Surveying or land surveying is the technique, profession, art, and science of determining the terrestrial two-dimensional or three-dimensional positions of points and the distances and angles between them. A land surveying professional is called a land surveyor. 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 designed 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. 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, GNSS receivers, retroreflectors, 3D scanners, LiDAR sensors, radios, inclinometer, handheld tablets, optical and digital levels, subsurface locators, d ...
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Estate Agent
An estate agent is a person or business that arranges the selling, renting, or management of properties and other buildings. An agent that specialises in renting is often called a letting or management agent. Estate agents are mainly engaged in the marketing of property available for sale, 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. 'Estate agent' 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 referred to a person responsible for managing a landed estate, while those engaged in the buying and selling of homes were "''House Agents''", and those selling land were "Land Agents". ...
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