Copy of `MTA solicitors - Legal terms`

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MTA solicitors - Legal terms Category: Legal > Legal terms Date & country: 28/01/2011, UK Words: 98

Alternative Verdict
A request made to the Court asking for the jury to be directed to a lesser offence i.e. Careless Driving rather than Dangerous Driving

Asbestosis
A condition that causes scarring of the lungs caused by inhaling asbestos fibres. Other asbestos related illnesses are Mesothelioma and Bilateral Diffuse Pleural Thickening & Pleural Plaques

Bankruptcy Search
Search made on behalf of a lender to ensure that a prospective borrower is not or has not in the past been made bankrupt or has writs or orders made against him.

Beneficiary
A person who inherits or gains from the Will. Beneficiaries cannot be witnesses of the Will but can be Executors

Breach
An act or instance of breaking a law or regulation

Breath Test
A chemical test of a driver's breath to determine the amount of alcohol consumed

Buildings Insurance
You should cover your property for the sum recommended by your surveyor/valuer. Cover usually to commence on exchange of contracts.

Buyer
Also known as the purchaser, one who is intent on buying.

Careless Driving
The offence of driving below the standard required of a competent and careful driver i.e. reading a newspaper or map, lighting a cigarette

Chain
A series of related transactions, all reliant upon each other. Any chain is only as strong as its weakest link.

Clostridium Difficile
Bacteria naturally present in the large intestine that make a substance that can cause a serious infection, associated with hospital-acquired infections

Commercial
Something related to buying or selling things

Completion Date
The day on which the deals are concluded and monies change hands and when everyone can move.

Compromise Agreement
A contract between an employer and its employee (or ex-employee) that can be used in redundancy and dismissal situations. The employee will typically receive a negotiated financial sum in exchange for agreeing that they will have no further claim against the employer for any sum owed under the original contract of employment

Constructive Dismissal
When an employee resigns because of their employer`s behaviour

Consultant
One who advises another, especially officially or professionally

Consultation
One who advises another, officially or professionally

Contract
A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act, which resulting contract is enforceable in a court of law. It is a binding legal agreement.

Contract
An agreement between two or more parties, especially one that is written and enforceable by law

Contract
The document you will be asked to sign to reflect the terms of your transaction which when exchanged will be legally

Conveyancing
The name given to the house moving process where the ownership of a property is `conveyed` from one to another. Work is undertaken by a Conveyancer

Coroners Inquest
Official investigation of violent, sudden, or suspicious deaths

Dangerous Driving
The offence of driving far below the standard of a competent and careful driver i.e. excessive speeding, ignoring traffic lights and other road signs

Debtor
A person who owes a creditor; someone who has the obligation of paying a debt

Deeds
Documents signed and usually witnessed encompassing the terms of an agreement

Defendant
A person or institution against who an action is brought in a court of law; the person being sued or accused

Deposit
A buyer is asked to pay a deposit on exchange of contracts to secure the property for you and is therefore the initial amount they will lose if they fail to comply with the terms of their contract

Discharge
Usually used to refer to the repayment of a debt, usually an existing mortgage

Disciplinary
Regulations and procedures for employers to manage employee misconduct

Dispute
To put forward reasons for or against something

Disqualification Period
The period of time an offender is banned from driving a vehicle

Drink Driving
The offence of driving after knowingly consuming over the legal limit of alcohol

Environmental Report
The owner of land can be held responsible for eradicating contamination from the soil however or whenever caused; a potentially expensive process. A report such as this can give an indication as to the likelihood of problems arising

Equity
The value of ones interests in the property usually calculated by deducting from the value of the property the debts secured against the property

Estate
A person`s total possessions i.e. property, jewellery, clothing, cars, savings etc.

Exchange of Contracts
The time when everyone in the chain is ready and simultaneously exchange i.e. commits themselves to the deal under a legally binding agreement. A completion date is set on exchange and is the date on which everyone in the chain will move

Executor
A person appointed to carry out the instructions detailed in the Will

Failure to Produce
The offence of failing to produce the necessary documentation when requested by a Police Officer

Fixtures and Fittings List
A schedule showing what sellers intend to include in and exclude from a sale

Fraud
The use of dishonesty, deception. or false representation in order to gain a material advantage or to injure the interest of others.

Freehold
Absolute ownership of property, perhaps subject to condition

Gazumping
Frowned upon practice of a buyer agreeing and a seller accepting an offer over and above an offer from another buyer previously accepted and perhaps in excess of the purchase price

Grievance
Regulations and procedures for employees to raise formal complaints

Ground Rent
An amount paid by a leaseholder to a landlord.- this is detailed in the lease

Gynecology and Obstetrics
branch of medicine of the female reproductive system, treatment of women during pregnancy, labor, childbirth and the time after childbirth

Harassment
Behaviours that are found threatening or disturbing and beyond those sanctioned by society

Heir
A person who inherits or is entitled by law or by the terms of a Will to inherit the estate of another

Homebuyers Report
Surveyors report, more detailed than a basic valuation but not as detailed as a full survey

Indemnity Report
You can insure against all manner of things arising in a property transaction e.g. your buyer or seller withdrawing, an adverse search result, breach of planning or building regulations and many other events. It does not solve the problem but it does provide compensation. There is a one off premium for this based on the value of the property

Industrial Disease
An impairment of health, abnormal functioning or disability resulting from employment. Sometimes referred to as `Occupation Disease”

Inheritance
Property that a Beneficiary receives from the estate of a deceased person

Inheritance Tax
A tax imposed on the privilege of receiving property by inheritance or legal succession and assessed on the value of the property received

Joint Purchase
Property can be acquired either a beneficial joint tenants or tenants in common and advice as to the most appropriate for your set of circumstances can be given

Land Registry
A Government department that is responsible for registering ownership of land

Legacies
Gifts of personal property or money to a beneficiary (legatee) of a Will.

Lender
Usually a bank or building society to whom one applies for a loan/mortgage

Limitation
The time within which proceedings must be issued to claim damages for injury caused by Clinical Negligence

Litigation
A legal proceeding in a court: a judicial contest to determine and enforce legal rights.

Litigation
A legal proceeding in a court; a judicial contest to determine and enforce legal rights

Local Search
Enquiry made of the local authority about the property to be purchased but of a limited nature and addressing only certain matters

Maintenance Charge
An amount payable by a leaseholder to landlord, managing agents or Management Company being the leaseholder`s contribution towards costs incurred in maintaining and repairing the structure of a building and its insurance

Maternity & Paternity
Laws and regulations protecting new parents in the workplace

MIB
Abbreviation for the Motor Insurance Bureau. A body set up by the insurance industry by agreement with the Department of Transport. It provides cover and compensation if someone has been injured or killed in a motor accident and the wrongdoer is either uninsured or cannot be identified

Mitigation
The action of lessening in severity or intensity i.e. `due to the mitigating circumstances of the efendant`s health the fine was reduced”

Mortgage Offer
Formal offer from your lender issued after their valuation has been carried out and income references and credit checks have proven satisfactory. Issued subject to conditions the offer refers to the gross advance i.e. the amount you pay interest on and the net advance i.e. the amount you can put towards paying for the property. Money is lent on many terms. You can have fixed rate, capped rate, dis...

Musculoskeletal
Repetitive Stress Injury is a syndrome that affects bones, muscles, tendons, nerves and other anatomical features

NIP
Abbreviation for Notice of Intended Prosecution hich is documentation detailing the alleged offence and pending prosecution

Ombudsman
The ombudsman is an independent complaint service.

Oncology
A medical speciality focusing on the treatment of cancer

Orthopaedics
The branch of medicine concerned with diseases, injuries, and conditions of the musculoskeletal system

Planning Permission
Evidence of local authorities` approval/consent to works undertaken to a property

Point System
A system of penalising drivers of motor vehicles for traffic violations by assigning points for each type of violation and revoking the driver's licence if a certain number of points are accrued

Probate
The act of proving that a document claiming to be a Will was signed and executed within the legal requirements

Proceedings
The beginning of a court action

Property Information Form
Form that the seller completes giving answers to questions raised on the buyer`s behalf

Public Liability
Part of the law of tort which focuses on civil wrongs. An applicant (the injured party) usually sues the respondent

Redemption Figure
The amount a borrower owes a lender to repay a loan

Redundancy
The dismissal of an employee for lack of available work

Remortgage
Where you take out a new mortgage redeeming/repaying any existing mortgage

Respiratory Disease
Conditions that affect the respiratory system i.e. asthma, Chronic Obstructive Pulmonary Disease (COPD), Farmer`s Lung etc.

Retention
Money withheld by a lender until certain works have been undertaken and in some instances reinvested

RTA
Abbreviation for Road Traffic Accident

Searches
Numerous searches are made by us in the purchasing process which can include local searches, coal mining searches, environmental searches, commons registration searches, bankruptcy searches and many more. Those considered appropriate are made

Seller
Also known as the Vendor, the one selling the property

Special Reasons
`Special Reasons” are put forward to explain to the Court why the offence took place. They don`t excuse the offender but may reduce the penalty associated with the offence

Stamp Duty
Tax payable to the Inland Revenue on a purchase price in excess of £125,000

Standard of Care
Degree of care an ordinary, reasonable, and prudent person would exercise in given circumstances

Survey
A surveyor can undertake a basic valuation, usually on behalf of a lender, or a home buyers report undertaken on your behalf and on which you can place reliance

Title
Investigated to ensure entitlement to sell or mortgage

Transfer Deed
Land Registry deed transferring ownership of land

Transfer of Equity
Transferring a property from joint to sole names or adding a new property owner to the deeds. Usually done at the same time as a remortgage

Trust
A Trust is a legal device which separates ownership of an asset from the right to use the asset or to receive its income

TUPE
Abbreviation for Transfer of Undertakings. The TUPE Regulations give employees certain rights when the identity of their employer changes due to the transfer of an undertaking i.e. if their employer is taken over by a new company/owner.

Unfair Dismissal
When an employer terminates an employee`s contract unfairly

Urology
A surgical specialty which deals with diseases of the male and female urinary tract and the male reproductive organs

Vibration White Finger
A disorder affecting the blood supply to the fingers and is the most commonly prescribed disease under the Industrial Injuries Disability Benefit Scheme

Whiplash
An injury to the muscles, ligaments, vertebrae or nerves of the neck caused when the head is suddenly thrown forward and then sharply back

Will
A legal document declaring a person`s wishes regarding the disposal of their property when they die