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| Glossary |
A
compilation of frequently used real
estate terminology and their meaning,
arranged in alphabetical order. |
| |
| A
B C
D E
F G
H I
J K
L M
N O
P Q
R S
T U
V W
X Y
Z |
| A |
Abatement
notice A notice served on the
owner(s) or occupier(s) of a
property from which a private
nuisance arises, warning them
of the intention to enter on
the land in order to abate the
nuisance. |
| Absolute
title 1. The right
of ownership of a mortgage deed,
which gives the right, in certain
specified circumstances, to
demand repayment in full, of
the outstanding debt than the
due date. 2. A clause in a deed
or contract, which provides
for the early termination of
an exciting interest in land,
in certain specified circumstances,
thereby advancing the future
interest. |
Agreement
for lease/sale A contract to
enter into a lease (or sale),
which in order to be enforceable
either must be evidenced in
writing and signed by the person
against whom action is taken
for the breach of the alleged
contract and there must be a
sufficient act of part performance. |
| Alternative
user value The value of land
and buildings which reflects
a prospective use which is different
from that of the current use. |
Amortisation
1.(UK) The concept of writing
off the capital cost of a wasting
physical asset by means of a
sinking fund. 2. (USA) Payment
of a debt in equal installments
of principal interest, as opposed
to interest-only payments. |
| Anchor
tenant One or more
department or variety chainstores,
or supermarkets, introduced
into a shopping centre in key
positions to attract the shopping
public into the centre for the
purpose of encouraging other
retailers to lease shops en
route. The larger the developments
the more anchors required. |
| Annuity
A sum of money paid each year
during the life of the recipient.
An annuity is usually paid as
a legal obligation under a contract
or undertaking, as through a
pension scheme, and may be paid
in installments more frequently
than once every twelve months. |
| Asset
valuation In the property
market this expression is applied
to the valuation of land and
buildings or plant and machinery.
The term is often used to describe
an expert opinion of the worth
of a property which may be incorporated
into company accounts, where
the ownership of the asset is
not necessarily to be transferred
but the valuation is required
for the company takeovers, share
flotation or mortgages. |
| Assignment
The transfer of a property interest,
especially a lease, from one
party to another |
| Atrium
An entrance hall of a building,
often rising through a number
of storeys and containing lifts,
reception areas and plants.
Originally the hall or chief
apartment of a Roman house. |
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|
| B |
Balloon
payment A repayment
of a loan bond, usually but
not necessarily the final repayment,
which is larger in amount than
other installments. |
| Bare
shell Depicts the condition
of any property after completion
of construction activity and
installations of basic building
services. A bare shell includes
basic flooring - tiled, mosaic,
cement or granite and plastered
walls. Apart from this, pantry
and toilet facilities may also
be operational in such condition. |
Basic
rent A monthly rental
net of maintenance and interest
costs charged or quoted by landlords
for any property. The base rent
comprises of only the payment
made for usage of the subject
property under a lease agreement.
Imputed costs such as holding
costs, fit out costs and building
service charges are not usually
included in the base rent. |
| Bayana
An Indian term used to denote
the token money given to the
landlord to informally freeze
negotiations on a particular
property, after the initial
terms and conditions have been
formalised. |
Breach
of contract An act,
or omission, contrary to enforce
specific performance to rescind
the contract and / or to claim
damages, the remedy available
depending upon the nature of
the breach. |
| Broker/dealer
A person or company who acts
as a medium of bringing owners
and proposed buyers together
with a view to complete a real
estate transaction. |
| Brokerage
1. Commission paid to a broker.
2. The activity of a broker
in bringing together two parties
in a transaction. |
| Building
bye laws Local authority
control of building standards
promulgated to regulate and
control the usage of land, property
and areas in cities and towns. |
| Building
contract A contract
between an owner or occupier
of land and a building contractor,
setting forth the terms under
which construction is to be
carried out, basis of remuneration,
time scale, and penalties, if
any, for failure to comply with
terms of the contract. |
| Business
centre Commercial premises
usable by the occupiers for
a short period on a membership
basis of the centre. Usually,
a business centre charges for
the full service accommodation,
which is generally substantially
higher than the rental of a
standard office space and usually
includes cost of HVAC, housekeeping,
electricity, and security systems. |
Business
park A landscaped area
containing high tech, other
amenities for business purposes,
as distinct from high-tech park
or a science park. Building
density is lower than would
be usual in a traditional industrial
estate. Business parks are preferentially
located where motorway, rail
and airport communications are
within a short distance. |
Buy-out
rate In a funding agreement
between a developer and a prospective
purchaser, the pre-determined
investment yield which will
be used to capitalize the annual
income receivable at the time
of sale to determine the buy
out price. |
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| C |
Capitalisation
1. At a given date the conversion
into the equivalent capital
worth of a series of net receipts,
actual or estimated, over a
period. |
2.
A method of calculating a final
purchase price for a development
using an agreed formula to convert
actual, or assumed, income from
initial lettings into a capitalism.
Such capitalised sums may be
offset against a purchasing
fund's interim finance payments,
any excess being paid to the
developer. |
3.
In relation to a company's reserves,
the conversion into capital
of money, which is then distributed
as a capitalisation issue. |
Catchment
area 1. The area of
land from which finds its way
into a particular watercourse,
lake or reservoir. |
2.
By analogy, the area which contains
those people who can be expected
to obtain goods, services, employment
or other benefits from a particularly
property. More especially related
to retail premises, where the
success of forecasting depends
on the accuracy of estimating
the number of purchasers (catchment
population) likely to be attracted
from the different parts of
the area and the average expenditure
which might be expected from
them. |
Central
business district The
functional centre around which
the rest of a city is comparison
shopping, office accommodation,
leisure facilities, buildings
for recreational use, public
museums, art galleries and governmental
functions. Generally the area
of highest land values within
a city. |
Clearance
area An area which
is to be cleared of all buildings.
Generally promulgated by way
of a government declaration,
which is normally followed by
the acquisition of the land
and the clearance of the area. |
Completion
certificate/statement
1. (UK) statement prepared by
solicitors, usually those acting
for a purchaser and a vendor
respectively, following the
conveyance of an interest in
property, giving a schedule
of sums received leading to
a balance being the final amount
due to the vendor. In some case
the statement is prepared at
a later date and may show a
figure recoverable by the purchaser
from the vendor. |
2.
A certificate issued by the
local development authority
certifying that all necessary
works have been completed and
that the property is fit for
occupation. |
Condominium
(USA) A building or a structure
of two or more units, the interior
space of the individually owned
and the balance of the property
(both land and building) being
owned in common by the owners
of the individual units. |
Conveyance
A document transferring title
to land from one person to another. |
Current
yield The remunerative
rate of interest which is, or
would be, a appropriate at the
date of valuation, assuming
the property to be let at its
full rental value. It will be
the same as the reversion yield
where the reversion is to full
rental value, and the same as
the term yield where the rent
receivable under the lease is
full rental value. |
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| D |
Developer
An entrepreneur who has an interest
in a property, initiates its
development and ensures, that
this is carried out ( for occupation,
investment or dealing) and from
the outset accepts the responsibility
for providing or procures the
requisite funds needed to finance
the whole project. |
Development
control The powers
of a local planning authority
to control the development and
use of land, which includes
inter alia:- |
| a) |
the
refusal or grant (with
or without conditions)of
planning permission. |
| b) |
the
issue of enforcement notices. |
| c) |
the
making of revocation,
modification or discontinuance
orders. |
| d) |
the grant
or refusal of listed building
consents. |
| e) |
the designations
of conversion areas. |
|
Development
yield In a valuation to ascertain
a ground rent, the rate at which
costs are decapitalised to find
the annual deduction from the
occupation rents. It comprises: |
| a) |
an
investment yield |
| b) |
an
annual allowance for
developers risk and
profit and, in some
instances |
| c) |
an
annual sinking fund element |
|
Discounted
cash flow analysis
Techniques used in investment
and development appraisal whereby
future inflows and outflows
of cash associated with a particular
project are expressed in present-day
terms by discounting. The most
widely used forms of DCF are
the internal rates of return
(IRR) and net present value
(NPV). The techniques may be
used for such purposes as the
valuation of land and investment,
the ranking of projects or their
components. |
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| E |
Easement
(UK) A right appurtenant to
a parcel of land entitling a
dominant owner to use the land
of the servient owner in a particular
manner, or constraining the
legal rights otherwise enjoyed
by the servient owner, eg. A
right of way, right to light,
right to support. Strictly speaking,
easements cannot exist "in
gross", ie personal and
unattached to the ownership
of land, but rights similar
to easements can be created
by statute, usually for the
benefit of public utility undertakings,
and these are commonly referred
to as "statutory easements". |
Effective
rent The gross rent
payable per month by the occupiers
which includes the base rent,
maintenance charges, imputed
costs of loss of interest on
security deposit and rental
advance. The effective rent
indicates the total cash outflow
of an occupier every month on
account of leasing any property. |
Equity
linked mortgage A mortgage
whereby the interest on the
principal in part or in whole
is calculated, usually yearly,
by reference on the security,
eg. It may reflect annual increase
or possible decreases, in the
annual return on, or the value
of, the property in which the
mortgage is secured. |
Escalation
clause Specified in
lease agreements wherein renewals
of lease period are built in.
It involves an increment in
the base rent at every renewal
of a lease agreement and is
generally a percentage rate
that is either pre agreed or
negotiated before the renewal
of the lease agreement. |
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| F |
Facilities
management The co-ordination
of many specialist disciplines
to create the optimum working
environment for staff. |
Fail
rent The rent determined
by a rent officer (or, on appeal,
by a rent assessment committee)
under a regulated tenancy and
registered. |
FERA
An act to regulate certain payments
dealing in foreign exchange,
securities, the import &
export of currency and acquisition
of immovable property by foreigners.
Under Section 31 (1) of the
Foreign Exchange Regulation
Act ( FERA) of 1973, it is mandatory
for foreign corporations, which
are not incorporated in India
to obtain permission from the
Reserve Bank Of India (RBI)
to acquire, hold, transfer or
dispose off in any manner (expect
by way of lease for a period
not exceeding five years) any
immovable property in India. |
Fire
certificate A certificate
covering matters of safety required
under the legislation for hotels,
boarding houses, factories,
offices shops and railway premises,
excluding those buildings containing
less than a minimum number of
employees. In order to obtain
a fire certificate,one must
apply to a fire officer, who
then inspects the building and
issues a list of requirements
(eg. Fire escape doors/stairways).
Once the fire officer is satisfied
that those requirements have
been met he will issue the fire
certificate. It enables fire
officers, in the event of an
emergency, to have prior knowledge
inter alia of the permitted
number of people on each floor;
it also informs officials if
any authorised inflammables
/explosives materials are found
on the premises. |
Fitouts
Relate to the interior permanent
furnishings required in a property
including HVAC ducting, fire
protection system implementation,
establishment of workstations
and telephone/computer cabling
among others, in order to make
the property fit for usage. |
Flatted
factory An industrial
building of more than one
storey, usually with two or
more goods lifts, and constructed
or converted for multiple
occupation. The building is
subdivided into small, separately
occupied units which are used
for manufacturing, assembly
and associated storage.
|
Force majeure
A force, which cannot be resisted,
in other words, something beyond
the control of the parties involved
. It includes acts of God and
acts of man, eg. Riots, strikes,
arson. In many contracts and
insurance policies, specific
provision is made for damage
or injury arising from force
majeure. For example, the financial
liability of a building contractor
for failure to complete by a
specific date may be relieved
to the extent it was caused
by force majeure. This is a
common clause in most property
contracts. |
Foreclosure
1. (UK) The mortgagees restricted
power to extinguish the mortgagor's
right of redemption by transferring
the mortgagor's interest in
the property to himself, if
the mortgagors default in paying
his dues or in complying with
any other terms of the mortgage
deeds. 2. (USA) The legal process
by which a mortgagee can sell
the mortgagors interest in the
property to satisfy debt: also
called "foreclosure sale".
Also applied to the extinguishment
of a mortgagors right of redemption.
|
Freehold In
general parlance this is used
as shorthand for the tenure
of an estate in fee simple absolute
in possession. Strictly speaking,
however, freehold includes fee
simple, entailed interests and
tenancies for life. |
Frontage(line)
The full length of a plot of
land or a building measured
alongside the road on to which
the plot or building fronts.
In the case of contiguous buildings
individual frontages are usually
measured to the middle of any
party wall. |
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| G |
Greased
lease back The disposal
by a freehold or leasehold owner
of his interest on a property
or leasehold interest where
the rent payable is geared to
a fixed percentage of some variables,
often rack-rental value. |
Gold cause
(UK) A clause in a lease which
provides for the rent to be
reviewed with reference to the
price of gold |
Green field site
An area of land, usually in
the edge of a town or city or
away from substantial urban
areas, hitherto undeveloped
but for which development is
now proposed. |
Gross External Area
(GEA) The aggregate
superficial area of a building
taking each floor into account.
As described in the RICS/ISVA
Code of Measuring Practice (UK),
this includes: external walls
and projections, internal walls
and partitions, columns, piers,
chimney-breasts, stairwells,
lift wells, tank and plant rooms,
fuel stores; whether or not
above main roof level and open-sided
covered areas and enclosed car-parking
areas, terraces etc. |
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| H |
Hi-tech
building (high technology
building) Primarily a modern
industrial building which is
particularly suited to the flexible
uses and space needs of business
organisations engaged in modern
technologies. Such activities
usually require more office
or laboratory space than a traditional
factory and also more sophisticated
and adaptable installations
for services and communications. |
|
High
point loading A concentration
of abnormally heavy floor-loading
at one point or more. Particular
places in a building or other
structure where extra support
may be required. |
HVAC Refers
to the heating, ventilation,
air conditioning system installed
in a building to regulate temperature.
This includes air conditioning
plants, chillers and ducting
systems, which ensure the uniform
transfer of the cold or hot
air, as the case may be throughout
the building |
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| I |
Indian
Stamp Act, 1899 A legal
statute, which provides for
the payment of stamp duty in
case of all real estate transactions
to duty to the local government.
The value of the stamp duty
depends on the rental payable
and the lease term or the sale
value as the case may be. This
duty is paid by purchasing non
judicial Indian Stamp Paper,
on which the lease/sale agreements
are documented. |
Improvements
Generally, physical changes
which enhance the capital value
of land or buildings. These
may include additional buildings,
extensions to existing buildings,
installation of new services,
eg. central heating and air
conditioning and infrastructure
works. On the other hand, mere
replacement by a modern equivalent
if something worn out would
normally be regarded as a repair
rather than an improvement.
The distinction has legal and
taxation consequences. |
Indenture
a deed between two or more parties,
each party having his own copy.
Originally copies were all included
in a single document from which
each part was torn or cut along
a wavy (intended) line. |
Institutional investors
These are generally taken to
include banks, pension funds,
insurance companies, unit trusts
and investment trusts, which
are together commonly referred
to in the investment field as
the "institutions". |
Investment yield
The annual percentage return
which is considered to be for
a specific valuation in an investment
being expressed as the ratio
of annual net income (actual
or estimated) to the capital
value. It is therefore a measure
of an investor's opinion about
the prospects and risks attached
to that investment. The better
the prospects and lower the
risks, the lower the expected
yield and thus the greater the
capital value. The required
yield from an investment is
estimated in the light of such
factors as: |
| a) |
the
security in real terms
of the capital invested. |
| b) |
the
security in real terms and
regularity of income. |
| c) |
the
ability to adjust the
income to reflect market
conditions. |
| d) |
the complexity
and cost of management. |
| e) |
the ease
and likely cost of realizing
the capital. |
| f) |
the tax position. |
|
Internal rate of return
(IRR) 1. The rate of
interest (expressed as a percentage)
at which all-future cash flows
(positive and negative) must
be discounted in order that
the net present value of those
cash flows should be equal to
zero. It is found by trial and
error by applying present values
at different rates of interest
in turn to the net cash flow.
It is something called the discounted
cash flow rate of return. |
2. An alternative explanation
might be: the highest rate of
interest ( expressed as a percentage)
at which funded f cash flow
generated is to be sufficient
to repay the original outlay
at the end of the project life.
|
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| J |
Joint
agent One or two or
more agents jointly instructed
by a principal to act on his
behalf. In the case of estate
agents this is normally on the
basis that if any one of the
agents effect the sale, letting
or other joint agent(s) will
share the remuneration in agreed
proportions. None of these agents
would be entitled to a commission
if the transaction is concluded
as a result of someone else's
introduction. |
Joint
sole agent One of two
or more agents jointly instructed
as the only agent entitled to
represent the principal. It
is customary for the joint agents
to share any commission earned
on an agreed basis, irrespective
of which agent effects the sale
or letting. |
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| K |
Kiosk
A small enclosed retailed outlet,
normally without toilet facilities
and in the retail area, frequently
located in a public concourse
or other place where it may
remain open only during peak
times and be closed securely
when there are no customers.
Kiosks are now sometimes included
in managed shopping schemes. |
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| L |
Land
assembly The process
of forming a single site from
a number of lands, usually for
eventual development or redevelopment.
This will include acquisition
of individual interest and the
eventual development or redevelopment,
removal or discharge of any
restrictive covenants or other
encumbrances and obtaining physical
possession, when required, from
occupiers. |
Landlord
The owner of an interest in
land who, in consideration of
a rent or other payment (eg.
a premium), grants the right
to exclusive possession of the
whole or part of their land
to another person for a specific
or determinable period by way
of a lease or tenancy. |
Lease
agreement An agreement,
usually written, between the
lessor and the lessee, which
allows for the conveyance of
property to the tenant under
a contract, and confers usage
and control rights to the tenant
for the duration of lease. Apart
from financial terms and conditions,
several clauses describing the
other binding terms and conditions
of the agreement are also documented. |
License
The lawful grant of
a right to do something which
would otherwise be illegal or
wrongful. It may be gratuitous,
contractual or coupled with
an interest in land. The grantor
of license is the licensor and
the grantee is the licensee.
A gratuitous ("mere"
or "bare") license
can always be revoked (ie. cancelled),
but revocability of a contractual
license depends on the terms
of the contract. A license coupled
with an interest in land may
be irrevocable and unlike the
other two categories, may be
binding on successors in title
of the licensor. One example
of license is permission, usually
required in writing, given specifically
by an owner to a tenant, enabling
something to be done which otherwise
would be in breach of a term
of the lease. A license does
not itself transfer any interest
in the land but may authorise
the licensee to enter the licensor's
land for some specific purposes
of the license; the licensor
may enter the land and use it
in any way not inconsistent
with the rights of the licensee.
However, a landlord may authorise
by license some act or omission
by a tenant, which would otherwise
be a breach of the terms of
the lease. |
Load
bearing The capacity
of an element in a building
structure to support a weight
in addition to its own, whether
vertically or laterally. Thus
a load bearing wall is one which
supports part of the structure
in addition to its own weight. |
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| M |
Maintenance
In property parlance, the keeping
of a building, structure or
other physical feature in a
specified condition eg. wind
and weather tight conditions.
The approved cost of maintenance
may be deductible for income
taxation. |
|
Mattha
Frontage of a building with
the main road. |
Mortgage The
conveyance of a legal or equitable
interest in freehold or leasehold
property as security for a loan
and with provision for redemption
on repayment of the loan. The
lender (mortgagee) has powers
of recovery in the event of
default by the borrower (mortgagor).
A mortgage is a form of land
charge and can be either legal
or equitable. |
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| N |
Negotiation
Discussion, written or otherwise,
between two or more parties
of different sides, the aim
being to reach a common agreement. |
|
Non conforming use
The use of a property which
does not conform to the allocation
of the area for planning purposes.
Such a property may have been
built in conformity with the
planning requirement at the
time and a policy change ensued;
more usually, the property was
constructed before planning
control was introduced. |
Net present value method
(NPV) A method used
in discounted cash flow analysis
to find the sum of money representing
the difference between the present
value of all inflows and outflows
of cash associated with the
project by discounting each
at a target yield. |
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| O |
Open
market value 1. The
best price which might reasonably
be expected to be obtained at
arms' length for an interest
in a property at the date of
valuation, subject to any statutory
assumptions which may be required. |
| 2.
For the purpose of asset valuations
this is defined by the Royal
Institute of Chartered Surveyors
(UK) as the best price which
might reasonably be expected
to be obtained for an interest
in a property at the date of
valuation assuming: |
| a) |
there
is a willing seller
|
| b) |
there
is a reasonable period
in which to negotiate
the sale |
| c) |
that
values will remain static
during that period |
| d) |
that the
property will be freely
exposed to the market;
and |
| e) |
that no
account will be taken
of any higher price that
might be paid by a person
with a special interest. |
|
Outgoings
Costs incurred by the owner
of an interest in property,
usually calculated on a yearly
basis. Eg. management, repairs,
rates, insurance and rent payable
to the holder of a superior
interest, as appropriate to
his contractual or other liabilities.
It is prudent to make annual
provision for future items involving
expenditure at intervals of
more than one year. |
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| P |
Patwari
Usually denotes the person appointed
by a local government or land
authority to maintain and update
land ownership records for a
specific area as well as to
undertake the collection of
land taxes. |
| Penal
rent A financial punishment
of a tenant for failing to honour
his obligation to pay rent at
the proper time, taking the
form of a vastly higher figure
being payable during the period
of default. |
Permitted
one Colloquially, either
1. A use authorised by a grant
of planning permission or ,
|
2.
A use allowed by the deemed
grant of planning permission
under the local development
control norms. |
Pre-stressed
concrete A type of
reinforced concrete in which
all or some of the ordinary
steel reinforcement is replaced
by high-tensile steel bars or
wires which are tensioned by
'pre-tensioning' or 'post-tensioning'.
The number and positioning of
wires or tendons can be arranged
to eliminate all tension in
the concrete, thereby preventing
cracking and so rendering the
concrete water-tight and gas-tight
as well as increasing in durability.
Pre-stressed concrete structures
can achieve greater spans and
carry higher loading. |
Premium
rent 1. A rent above
the level which a property could
reasonably be expected to command
in the open market on normal
terms. Such rents may be justified
in instances where the tenant
receives a present or future
benefit against the market.
Eg. in inflationary conditions
where upward-only rent reviews
are normally required at three-yearly
intervals, the tenant may be
prepared to pay a higher rent
if fixed for a longer period
of say, 5 years. |
2.
A rent which is higher than
would reasonably be expected
because the tenant is particularly
anxious to secure the property. |
Private
treaty The most common
method of disposal of real property,
in which negotiations are carried
out between the vendor and prospective
purchasers (or their respective
agents) privately and in comparative
secrecy, normally without any
limit on the time within which
they must be completed, before
contracts are exchanged. |
Project
management (development management)
The leadership role which plans,
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