| Term |
Definition |
| abstract of title |
document showing how the title of a property devolved to the current owner; often a summary of prior ownership listing details of previous deeds |
| abuttal |
adjoining property to that involved in a deed |
| administration |
process by which goods and possessions passed to the heirs of a person who had died intestate |
| admittance (or admission) |
ceremony by which a new copyhold tenant gained entry to a customary holding by paying a fine and receiving a rod |
| advowson |
the right of presentation of clergy to a rectory or vicarage |
| affidavit |
statement made in writing by a deponent, and confirmed by the swearing of an oath |
| annuity |
annual money payment |
| apportionment |
allotment, usually of a sum of money such as a rent or a tithe payment, between a number of beneficiaries in the proportion due to them. |
| appurtenance |
other 'things' belonging to a property, e.g. yards, gardens, rights etc |
| assignee |
person to whom something has been assigned or transferred |
| assignment |
transfer - perhaps of a lease or a mortgage |
| attorney |
1. a lawyer
2. a person appointed to do something on another person's behalf in a letter of attorney |
| bar entail |
prevent an entail from taking effect |
| bargain and sale |
an early form of conveyance |
| bond |
agreement to pay a penalty if certain conditions or actions are not performed |
| chancery |
formerly the highest court of the land, to which many cases relating to property were taken |
| chirograph |
archaic word for a final concord or other indenture |
| codicil |
addition to a will, signed and sealed by the testator |
| common recovery |
a legal 'fiction' by which land could be transferred instead of using a conveyance |
| consideration |
usually the purchase money for a property; sometimes the consideration was not a monetary payment but the 'natural love and affection' from a parent to a child |
| convey |
to transfer freehold property from one party to another |
| copyhold |
property held by copy of court roll, i.e. held of a manor |
| corporeal hereditaments |
tangible property such as land and buildings; also known as real property |
| counterpart |
a second copy of an indenture, exactly matching the first |
| covenant |
an agreement entered into by one or more parties to a deed |
| curtilage |
a yard or court belonging to a dwelling house |
| declaration of trust |
process by which a person is made a trustee, including details of what the trust involves |
| deed poll |
deed made and executed by only one party. With a straight top edge |
| defeasance |
a deed which acted to cancel a recognizance of a statute staple |
| deforciant |
the defendant in a final concord |
| demandant |
person/group attempting to recover property in a common recovery |
| demise |
lease |
| deponent |
person who swears an oath to confirm an affidavit |
| determination |
ceasing of provisions within a deed |
| devise |
to transfer property through a will |
| devisee |
someone receiving property from a will |
| disentail |
to break an entail |
| dower |
a widow's right to one third of her late husband's property |
| easement |
a right or a privilege over property, e.g. a right of way |
| encumbrance |
something affecting title to property, e.g. a mortgage or entail |
| endorsement |
something written on the back of a deed |
| enfranchise |
convert copyhold land into freehold tenure |
| enrolment |
copy of a deed kept on a court roll |
| entail |
the settlement of property so that it must descend in a specified manner, for example from father to eldest son or husband to wife; the property must not be sold or otherwise disposed of |
| entry fine |
sum of money payable on entering a property e.g. as a leasehold or copyhold tenant |
| enure |
to hand over to a person, or to belong to that person; especially following a common recovery or final concord |
| equity of redemption |
the right of a mortgagor to redeem the property he has mortgaged; this right could be passed to a third party |
| executor/trix |
person appointed to carry out the provisions of a will; an executor is male, executrix female |
| exemplification |
a formal copy of a deed, normally issued with a seal of court; most commonly a common recovery, but sometimes a fine |
| fee/fee simple |
absolute possession of freehold land |
| fee tail |
an estate of inheritance limited to a particular heir or heirs thanks to provisions in settlements or wills |
| feoffee |
a trustee who holds land without specified conditions |
| feoffment |
a means of conveying property, technically by a ceremony called livery of seizin |
| final concord (fine) |
record of a collusive court case in which the plaintiff demanded property from the deforciant; usually used as a further way to prove title following a feoffment |
| fine |
another term for a final concord; OR a sum of money paid for the granting of a lease or admission to copyhold |
| freehold |
land held in fee simple |
| further charge |
an additional sum lent on the security of an existing mortgage |
| gift (deed of) |
the transfer of real property in medieval times; the term was used even if no money changed hands |
| grant |
means of transferring incorporeal property |
| grantee |
person to whom something is granted |
| grantor |
person who grants something to another |
| heir |
person who is due to inherit property |
| incorporeal hereditaments |
intangible property, such as rights and privileges |
| incumbrances |
things affecting a property e.g. a mortgage or a rent charge |
| indenture |
a type of deed which had an 'indented' (wavy) top edge; usually two copies prepared, one to be kept by each party |
| intestacy |
act of dying without having made a will |
| lease |
a grant of property for a specified amount of time, usually a term of years |
| leasehold |
property held by means of a lease |
| lease and release |
a means of conveying property; a lease was granted for a year, and the following day the lessor or grantor's rights of ownership were released in return for a consideration |
| lessee |
person to whom a lease was granted |
| lessor |
person granting a lease |
| letter of attorney |
document allowing one named party to act on behalf of another |
| letters of administration |
permission to administer the estate of a deceased person, issued by a probate court in cases of intestacy or where the will was inadequate or unable to be proved |
| letters patent |
a form of royal grant |
| levy |
the action of executing a final concord |
| licence to alienate |
royal permission to sell a manor, written in letters patent |
| livery of seizin |
the delivery of possession of freehold property |
| memorandum |
note summarising the terms of a particular transaction; often endorsed on deeds |
| messuage |
term used for a property, often a dwelling house |
| moiety |
half of a property |
| mortgage |
a loan secured by property temporarily transferred from mortgagor to mortgagee |
| mortgagee |
person lending money in a mortgage |
| mortgagor |
person borrowing money in a mortgage |
| nuncupative will |
will which was declared orally but not written down or signed by the testator |
| partition |
division of property between two or more interested parties |
| party/ies |
a person, group or organisation playing one of the roles in the transaction recorded by a deed, e.g. as lessor/lessee, seller/purchaser etc |
| peppercorn |
nominal consideration in a lease and release |
| plaintiff |
the person/group demanding property in a final concord |
| portion |
a share of property allotted to an individual or group |
| principal sum |
money lent in a mortgage, to be repaid with interest |
| probate |
the process of establishing that a will is valid |
| proviso |
a condition stated in a clause in a deed |
| querent |
another word for plaintiff in a final concord |
| quitclaim |
deed renouncing any rights or interests in property |
| real property |
tangible property such as land and buildings; also known as corporeal hereditaments |
| recital |
the repetition of a previous event or deed which may affect property being transferred; the event or deed is 'recited' at the beginning of the new deed; a recital is always introduced by the word 'whereas' |
| recognizance |
a strong form of a bond, normally cancelled by a defeasance |
| release |
1. second part of a lease and release conveyance
2. release of claims = another word for a quitclaim |
| remainder |
an estate in expectation, i.e. the words which indicate that a person will inherit, e.g. the property is transferred to A and his heirs, and in the event of there being no heirs, the remainder to B (therefore B will inherit instead) |
| rent charge |
a rent paid out of certain lands to a person other than the owner of those lands |
| requisitions on title |
questions posed in writing by lawyers to iron out any legal queries relating to a property sale |
| reversion |
the return of a leased property to the original owner after the lease has expired |
| seal |
authentication of a deed; an impression in wax attached to or stuck onto the deed |
| seizin |
possession of freehold property |
| settlement |
transfer of property to trustees, for specified purposes |
| statute staple |
a strong form of bond, normally cancelled by a defeasance |
| statutory declaration |
statement in writing, confirmed by a declaration made in accordance with the Statutory Declaration Act 1835 |
| surrender |
the return of leasehold or copyhold property to the lessor or lord of the manor |
| tenant to the praecipe |
a third party in a common recovery to whom property is conveyed in name in order for it to be recovered |
| tenement |
a description of property, usually including a building; a messuage may be divided into two tenements |
| tenure |
the way in which property is held e.g. freehold tenure, leasehold tenure |
| testator/trix |
person writing a will; a testator is male, a testatrix female |
| title |
the ownership of property |
| trust |
holding property according to specified conditions, e.g. to administer or manage the estate and pay the profits to another, perhaps an underage heir |
| trustee |
the person holding property in trust |
| uses |
the purposes for which a property is held in trust by a trustee - usually specified in a settlement |
| vouchee |
person summoned in a common recovery to give proof of title to property |
| wardship |
feudal right of a lord to custody of his tenant's heir whilst a minor |
| warranty |
an undertaking by a grantor to support a new owner's rights to property transferred |
| whereas |
word which marks the beginning of a recital in a deed |