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Legal Definitions by Ford Banks Irwin Solicitors - The Property Lawyers in Manchester

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY

Part 36 offers and payments

This is Part 36 of the Civil Procedure Rules. In Court Proceedings and Litigation cases the Claimant and Defendant Solicitors are encouraged to make Part 36 offers and payments.  The offer to settle carries with it various financial repercussions on costs as set out in detail in Part 36 of the Civil Procedure Rules.  The Rules are fairly concise and should be read in there entirety.  The Solicitors and Lawyers will always explain the full implications of Part 36 offers and payments to clients.   



Party Wall

Commercial Property Law Solicitors and Lawyers will refer to Party Walls when they are describing a Boundary Wall between two adjacent Properties.  The obligations and responsibilities of the Owners can be found in the Title Deeds and the Party Walls Act.  

Passing Off

Packaging goods or services in order to give the impression that they are those of another business or product.  Copyright Law Solicitors and Lawyers use Passing Off Laws regularly as no evidence of any intention to deceive is necessary. Corporate clients allocate millions of pounds every year to protect image and copyright.  Teams of Solicitors and Lawyers are often retained on an annual basis to clamp down hard on those who breach Copyright and Trademark Laws.   


Patent

The exclusive right to sell or produce a product or invention for up to 20 years.  Patent Law Solicitors and Lawyers are often instructed to challenge the validity of a Patent.  To be valid the Patent must be new, involve an inventive step that is not obvious and be capable of industrial application.  On policy grounds there are a number of exclusions such as an animal or plant variety. 

Peppercorn rent 

A term used to describe rent for the purpose of showing that the Lease was granted for consideration.  Property Law Solicitors and Conveyancers will often see Leases in Title Deeds containing a peppercorn rent.  More often you will see a ground rent or rentcharge.  The collector of the ground rent or rentcharge will often charge a fee for changing over details of ownership of the Property.  This is not usually the case with Peppercorn rent Leases. 

Possessory Title

This is the lowest grade of ownership of Property and is acquired through unfettered unauthorised occupation of the Property.  Property Law Solicitors and Conveyancers will not accept Possessory Title as an acceptable form of the Title Deeds and will usually insist on an Indemnity Policy.  Possessory Title is often seen in the Title Deeds of farms.  Mortgage Lenders will not routinely accept Possessory Title Deeds as valid security for any Mortgage Loans.    

Pre-emption

This is the right to buy the Property on the occurrence of a specified event. Compared to Option to Purchase.  Property Law Solicitors and Lawyers will examine the Title Deeds and advise the clients accordingly.    The terms of the pre-emtion clause will often set out the precise procedure to be followed. 

Property Adjustment Orders

This is an order made by the Court in Matrimonial Proceedings that the Property be transferred or sold.  Property Law Solicitors and Lawyers will need to liaise with the Family Law Solicitors and Lawyers in order to complete the transaction.