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Rentcharge
In English property law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land. They are often known as chief rents in the north west of England but the term ''ground rent'' is used in many parts of the country to refer to either a rentcharge or a rent payable on leasehold land. This is confusing because a true ground rent is a sum payable in relation to land held under a lease rather than freehold land. As a result, the first question a conveyancer or other adviser, such as the free Rentcharges Unit, will demand is information from the Land Registry, which the public can also obtain cheaply, as to whether the subjected land is freehold or held on a lease (a leasehold estate). History Rentcharge is a legal device which permitted an annual payment to be continually levied on a freehold property. A deed made with the parties' knowledge is legally effecti ...
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Freehold (English Law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Prope ...
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Ground Rent
As a legal term, ground rent specifically refers to regular payments made by a holder of a leasehold property to the freeholder or a superior leaseholder, as required under a lease. In this sense, a ground rent is created when a freehold piece of land is sold on a long lease or leases.seDepartment for Communities and Local Government/ref> The ground rent provides an income for the landowner. In economics, ground rent is a form of economic rent meaning all value accruing to titleholders as a result of the exclusive ownership of title privilege to location. History In Roman law, ground rent (''solarium'') was an annual rent payable by the lessee of a ''superficies'' (a piece of land), or perpetual lease of building land. In early Norman England, tenants could lease their title to land so that the land-owning lords did not have any power over the sub-tenant to collect taxes. In 1290 King Edward I passed the Statute of ''Quia Emptores'' that prevented tenants from leasing their land ...
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Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Prope ...
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Fleecehold
Fleecehold refers to the inclusion of onerous terms in the deeds of a freehold property or the lease of a leasehold property in the United Kingdom. The practice of fleecehold is known to be increasing in the UK, according to the results of FOI requests to the Land Registry. At a minimum, tens of thousands of houses are affected, but it is unknown how quickly the number is increasing. There have been several proposals by elected officials and campaign groups to abolish or mitigate the practice, and it has been questioned in Parliament and the devolved assemblies. A fleecehold property is usually taken to mean one that has deeds or a lease that allow a management company to impose a service charge on the householder. The service charge means that a payment must be made to the management company in return for the company performing certain items of maintenance on common land or amenities where the property is situated. This practice has obvious advantages for the local authority and ...
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Feudalism In England
Feudalism as practiced in the Kingdoms of England during the medieval period was a state of human society that organized political and military leadership and force around a stratified formal structure based on land tenure. As a military defense and socio-economic paradigm designed to direct the wealth of the land to the king while it levied military troops to his causes, feudal society was ordered around relationships derived from the holding of land. Such landholdings are termed fiefdoms, traders, fiefs, or fees. Origins of feudalism The word, "feudalism", was not a medieval term, but an invention of sixteenth century French and English lawyers to describe certain traditional obligations between members of the warrior aristocracy. Not until 1748 did it become a popular and widely used word, thanks to Montesquieu's ''De L'Esprit des Lois'' (The Spirit of the Laws). The coined word ''feudal'' derives from an ancient Gothic source ''faihu'' signifying simply "property" which in it ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Service Charge
A fee is the price one pays as remuneration for rights or services. Fees usually allow for overhead, wages, costs, and markup. Traditionally, professionals in the United Kingdom (and previously the Republic of Ireland) receive a fee in contradistinction to a payment, salary, or wage, and often use guineas rather than pounds as units of account. Under the feudal system, a Knight's fee was what was given to a knight for his service, usually the usage of land. A contingent fee is an attorney's fee which is reduced or not charged at all if the court case is lost by the attorney. A service fee, service charge, or surcharge is a fee added to a customer's bill. The purpose of a service charge often depends on the nature of the product and corresponding service provided. Examples of why this fee is charged are: travel time expenses, truck rental fees, liability and workers' compensation insurance fees, and planning fees. UPS and FedEx have recently begun surcharges for fuel. Restau ...
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Department For Communities And Local Government
The Department for Levelling Up, Housing and Communities (DLUHC), formerly the Ministry for Housing, Communities and Local Government (MHCLG), is a department of His Majesty's Government responsible for housing, communities, local government in England and the levelling up policy. It was established in May 2006 and is the successor to the Office of the Deputy Prime Minister, established in 2001. The department shares its headquarters building, at 2 Marsham Street in London, with the Home Office. It was renamed to add Housing to its title and changed to a ministry in January 2018, and later reverted to a government department in the 2021 reshuffle. There are corresponding departments in the Scottish Government, the Welsh Government and the Northern Ireland Executive, responsible for communities and local government in their respective jurisdictions. Ministers The DLUHC's ministers are as follows: The Permanent Secretary is Jeremy Pocklington who took up his post on 3 ...
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Land Registration Act 2002
The Land Registration Act 2002c 9 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system. The Act, together with the Land Registration Rules, regulates the role and practice of HM Land Registry. Background The Land Registration Act 2002 was introduced in response to the Law Commission and HM Land Registry report, ''Land Registration for the Twenty-first Century'' (2001). The Act: *Simplified and modernised the law of land registration; *Made the register reflect a more accurate picture of a title to land, showing more fully the rights and subsidiary interests that affect it; and *Was intended to facilitate the introduction of e-conveyancing. The Act made some major changes to the law regulating registered land. Specifically, it: *Enabled shorter leases to be registered; *Further encouraged voluntary land registr ...
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HMRC
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HM Land Registry
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 p ...
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