| abatement
notice : |
Notice
served on the owner (s) or occupiers (s) of a property
from which a private nuisance arises, warning them
of the intention to enter on land in order to abate
the nuisance. |
| absolute
title |
The
right of ownership of a legal estate in registered
land, it thereby being guaranteed by the state that
no one has a better title. |
| acceleration
clause |
1.
A clause used in a mortgage deed , which gives the
right in certain specified circumstances, to demand
repayment in full , of the outstanding debt earlier
than the due date.
2. A clause in a deed or contract , which provides
for the early termination of an existing 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 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 which is different from that of the current
use. |
| amortization
|
1.
(U.K) The concept of writing off the capital cost
of a wasting physical asset by means of a sinking
fund.
2. (U.S.A) Payment of a debt in equal installments
of principal and 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 on route. The larger the development 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 of interest to, for example, shareholders
, or is required for 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. |
| balloon
payment |
A
repayment of a loan or 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 installation 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. |
| base
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, fitout costs and building
service charges are not usually included in the base
rent. |
| bayana
|
An
Indian property 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 formalized. |
| breach
of contract |
An
act , or omission, contrary to one or more of the
provisions in a contract and therefore giving the
aggrieved party a right 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
byelaws |
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 owner and occupier of land and a
building contractor , setting forth the terms under
which construction is to be undertaken. Such a contract
normally includes detail of work to be carried out,
basis of remuneration, time - scale, and penalties,
if any , for failure to comply with terms of the contract.
|
| business
center |
Commercial
premises useable by occupiers for a short term period
on a membership basis of the center. Usually , a business
center charges for the full service accommodation,
which is generally substantially higher than the rental
of a standard office space, and usually includes cost
of HV AC, housekeeping, electricity and security system.
|
| business
park |
A
landscaped area containing high tech, other specialist
building and leisure facilities with 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. |
| capitalization
|
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 settings into
a capital sum. Such capitalized 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 capitalization issue.
|
| catchment
area |
1.
The area of land from which it 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 benefit from a particular 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.
|
| 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.
(U.K) A 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
cases 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 structure of two or more units, the interior
space of each unit being 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 of land from one person
to another. |
| current
yield |
The
remunerative rate of interest which is , or would
be , appropriate at the date of valuation, assuming
the property to be let at its full rental value. It
will be the same as the reservation 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. |
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 discontinue
orders;
d. The great or refusal of listed building constants;
e. The designation of conversation 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 developer' s 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 rate of return (IRR) and net
present value (NPV). The techniques may be used for
such purposes as the valuation of land and investments,
the ranking of projects or their components. |
| 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 .E.g..
a right way, right of support. easements cannot exist
"in gross" , i.e. personal and nonattachment
to to the ownership of land, but rights similar to
easements can be created by statue, 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 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 every 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 to changes in the annual equity return to
the security, e.g.. it may reflect annual increase
or possible decrease, in the annual return on, or
the value of the property on 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 very 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. |
| facilities
management |
The
coordination of many specialist disciplines to create
the optimum working environment.
The rent determined by a rent officer under a regulated
tenancy and registered. |
| FERA
|
An
act to regulate certain payments dealing in foreign
exchange, securities, the import and 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 (except
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
and railway premises, excluding those buildings containing
less than a minimum no. of employees. One must apply
a fire officer, who then inspects the building . 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 each people on each floor; it also
informs officials of any authorized inflammable/ explosive
materials on the premises. |
| fitouts
|
Relate
to the interior permanent furnishings required in
a property including HVAC ducting , fire protection
system implementation, establishments of workstation
and telephone /computer cabling among other, 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 e.g.. riots, strikes,
arson. in many contracts and insurance policies is
made for damage or injury arising from force majeure.
for example, the financial liabilities of a building
contractor for failure to complete by a specified
date may be relieved to the extent it was caused by
the force majeure. This is a common clause in most
property contracts. |
| 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 sample,
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. |
geared
lease back
|
The
disposal by a freehold or leasehold owner of his interest
in a property in return for an inferior leasehold
interest where the rent payable is geared to a fixed
percentage of some variables, often rack rental value. |
| gold
clause (UK) |
A
clause in a lease which provides for the rent to be
reviewed by reference to the price of gold. |
| Greens
field site |
An
area of land, usually on the edge of a town or city
or away from substantial urban areas, hitherto undeveloped
but for which development is now processed. |
| 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 wall and projections, internal walls and
partitions ; columns, piers chimney breasts , stair
walls , and lift walls and enclosed car parking areas
, terraces etc. |
| Hi-tech
building (high-technology building) |
Primarily
a modern industrial building or an easily adaptable
older building which is particularly suited to the
flexible uses and space needs of business organizations
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 or more particular places in a building or other
structure where extra support may be required. |
| HSVC
|
Refers
to the heating, air conditioning and ventilation system
installed in buildings to regulate temperature. This
includes air conditioning plants, chillers and ducting
system, which ensure the uniform transfer of the cold
or hot air, as the case may be, throughout the building. |
Indian
stamp Act , 1899
|
A
legal statute, which provides for the payment of the
stamp duty in all real estate transactions to the
local government. The value of the stamp duty depends
on the rent 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. |
Indenture
Industrial investors
|
A
deed between two or more parties, each party having
his own copy. Originally copies were all included
on a single document from which each copy was torn
or cut along a wavy line. |
| Investment
yield |
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'
The annual percentage return which is considered to
be appropriate for a specific valuation or an investment
being expressed as the ratio of annual net income
to the capital value . It is therefore a measure of
an investors 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 factor as :
a. The security in real terms of the capital invested
;
b. The security in real terms and regularity of the
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 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
an investment can be funded if cash flow generated
is to be sufficient to repay the original outlay at
the end of the project life. |
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
principal's instructions, the other joints 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. |
| Kiosk
|
A
small enclosed retail outlet, normally without toilet
facilities and in a retail area, frequently located
on 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. |
| land
assembly |
The
process of forming a single site from a number of
parcels of land, usually for eventual development
or re development. This will include acquisition of
the individual interests, 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 (e.g. 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 he agreement and 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 (i.e.
cancelled) but revocability of a contractual 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 for 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 of itself
transfer any interest in the land but may authorize
the license 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 right of the licensee. However , a landlord
may authorize 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
in one which supports part of the structure in addition
to its own weight. |
maintenance
|
In
property parlance, the keeping of a building , structure
or other physical feature in a specified , e.g. wind
and weather tight, condition. 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 (mortgager) . A mortgage
is a form of land charge and can be either legal or
equitable. |
| negotiation
|
Discussion,
written or otherwise, between two or more parties
on 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 ensured;
more usually , the property was constructed before
planning control was introduced. |
| net
percent 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. |
Open
market value
|
1.
The best price which might reasonably be expected
to be obtained at arm's length for an interest in
a property at the date of valuation, subject to any
statutory assumptions which may 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. A willing seller;
b. 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 in a yearly basis , e.g. management
, repairs, rates, insurance and rate 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. |
| 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
rate |
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
use |
Colloquially,
either 1. A use authorized 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 to
the market e.g. in inflationary conditions where upward
only rent reviews i.e. 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. |
| Project
management (development management) |
The
leadership role which plans , budgets, co-ordinates
, monitors and controls the operational contributions
of property professionals , and others, in a project
involving the development of land in accordance with
a client's objectives in terms of quality , cost and
time. |
| Property
investment trust |
A
public company , having certain tax advantages and
complying with rules applicable to his operation and
investment activities, managed by a professional specialist
team and established for the purpose of acquiring
mainly shares in property companies-public or private.
to such an extent as is permitted legally. without
prejudicing its beneficial tax treatment. It may invest
in other securities . Own properties directly or undertake
development. it provides shareholders with an interest
in a wide ranging portfolio and the reassuring knowledge
that investment policy is in the hands of experts. |
| Property
management |
The
range of functions concerned with looking after buildings,
including collection of rents, payment of outgoings,
maintenance including repair, provision of services,
insurance and supervision of stuff employed for services,
together with negotiations with tenants or prospective
tenants. The extent of responsibility for management
between landlord and tenant depend on terms of the
lease (s). The landlord may delegate some or all of
these functions to managing agents. |
| Property
portfolio management |
The
unified management of a group of properties which
are held in one ownership. Decisions taken in respect
of any issue are reached on the basis of achieving
the maximum benefit for the owners, having regard
to the effect on the portfolio as a whole rather than
on an individual property. |
| Pugree
|
An
Indian term to describe an interest free security
deposit given to landlords which is refunding at the
expiry of the lease term to the outgoing tenant by
the successive. |
| Qualified
convert |
A
restriction contained in a legal document which limits
the rights of a person having an interest in the land
but , by its wording envisages the possibility of
removing the limitation on terms agreed between the
parties, e.g. a covenant by a lessee not to assign
or sublet without the landlord's written consent.
In certain cases, such as the one quoted, statute
law strengthens the applicant's position by importing
such words as " such consent not to be unreasonably
withheld. |
| rack-rent
|
A
rent representing the full , or nearly the full ,
letting value of a property on a given set of terms
and condition. |
| rateable
value |
The
figure upon which property tax is charged in India.
This value is determined by the tax authorities and
thereafter the tax liability is charged to the owner
(s ) of the property on the basis of certain pre determined
tax slab rates. |
real
estate investment trust (USA /UK)
|
A
legally constituted organization (entitled to preferential
tax treatment) which enables investors to own and
transfer shares of an interest in a property or properties;
The shares can be dealt with in a manner similar to
corporate stock. In order to qualify , a trust must,
among other requirements, be owned by a least 100
shareholders and invest most of its capital in real
estate loans and properties and receive income from
them . The special feature is that such a trust reduces
its own taxable income by a distribution to shareholders
with no tax deducted, but this is taxable income in
the hands of shareholders according to their own tax
status. To maintain the trust's right to gross distribution
these must, in aggregate, be equal to minimum of 90%
of the total trust income. |
| refurbishment
|
It
is mandatory for the sale deed of all high value property
transactions to be registered at the regional sub
register's office of the local municipal authority.
Thereafter, the buyer has to apply for mutation, which
involves a change in the title records to incorporate
the name of the buyer of the property. In order to
complete the transfer of property, it is mandatory
for the seller to furnish or arrange a valid "certificate
of completion" issued from the local municipal
authority to the buyer. |
| registration
and mutation |
Improvement
and modernization of a building falling short of rebuilding
or redevelopment and thus not normally requiring planning
permission , except in the case of listed buildings. |
renewal
Rent act (s)
|
As
distinct from repair, this is "reconstruction
of the entirely meaning not necessarily the whole
subject matter."
Legislation promulgated by various states in India,
which regulates the terms and conditions of the rental
market with a view to curb profiteering and hoarding.
though its restrictive nature has not allowed owners
to enjoy economic returns from the same categories
of property, thereby allowing market inefficiencies.
|
| rent
free period |
An
agreed period , usually for several weeks or months
, during which a lessee is allowed to occupy the subject
premises without payment of rent :
a. In consideration for the tenant incurring expenditure
on such matters as fitting out premises or carrying
out repairs or improvements;
b. to reflect market conditions which favor tenants
e.g. where the space available for letting exceeds
the total tenant demand in that area ;or
c. by virtue of both a and b |
|
rentable area |
The
area of floor space for which rent is calculated even
though other areas, either within or outside the premise,
are lawfully used by the tenant. for example , in
an office building it is customary to exclude from
the direct calculation of rent the space used for
the corridors , atrium and stairways. |
| rental
advance |
Comprises
a lump sum payment to the landlord at the beginning
of the lease term, which is thereafter adjusted in
equal installments over the lease term against the
monthly base rental payable by the tenant. The advance
amount generally ranges between 3 to 18 months depending
on the city , type, location of property and the period
of the lease. |
| root
of title (UK) |
In
convincing of unregistered land, a document which
forms a solid basis to establish the title to the
land. It must go back , sufficiently for identification
, showing a disposition of the whole interest contracted
to be sold and containing nothing throwing any doubt
on the title. |
| sale
and leaseback |
An
agreement whereby a freeholder or a lessee sells his
interest in a property for an agreed sum and takes
back a lease on the whole or part of the property
from the purchaser, generally either at a rack rent
or at some lesser rent related to the price paid.
|
| science
park |
A
development of an industrial nature suited to accommodate
high technology, with supporting amenities, which
is associated on site or is close to a higher educational
research establishment to provide cross-fertilization
of ideas between entrepreneurs and researchers for
the purpose of enabling academic knowledge to be applied
to effective commercial use. |
| security
deposit |
Comprises
of an interest free lump sum payment to the landlord
at the commencement of the lease, which is refundable
at the end of the lease term. Though the deposit amount
varies depending on city , property type, location
and the period of the lease, it may range anywhere
between 6 to 18 months of monthly rental. it is not
uncommon for some landlords to provide a bank guarantee
to the tenant as security for the repayment of the
initial deposit amount. |
| serviced
accommodation |
Suits
of offices or rooms where the landlord provides a
range of services within the individual premises extending
beyond the traditional ones associated with the maintenance
and management of the building itself or the operation
and maintenance of the installation or plant therein.
e.g. furniture , telephone, fax machine, room cleaning,
and /or provides centralized special services , such
as a receptionist and secretarial and communication
facilities. |
| shopping
mall |
A
group of retail outlets designed and built with ways
for pedestrians on one or more levels to form a unified
whole under one roof. |
| site
plans |
A
drawing of an area of land, on a horizontal plane,
showing the boundaries and physical extent of the
land included in a particular parcel. It may also
show any existing buildings or the proposed layout
of a development. |
| speculator
|
A
person (usually a dealer) who undertakes a transaction
in property in expectation of asking a profit but
with the risk of not doing so. |
| |
|
| strata
title |
Freehold title to a horizontal part of a building
with other freehold titles above and /or below. Satisfactory
arrangements for management corporation usually involve
a statutory obligation for the setting up a management
corporation with responsibility for the maintenance
of common facilities and areas. |
| sub
leasing |
A
method wherein , the primary lessee of a property
has the right to further lease out a part or whole
of the property to another occupier or lessee. Essentially,
the right to sub lease is divided to beforehand at
the time of signing the main lease agreement and is
with the consent of both the lessor and the lessee. |
| suspended
ceiling |
A
ceiling, not being part of the structural framework
of a building, installed below the level of the underside
of the floor above or of the roof. Commonly used to
provide space for services, e.g. cables, recessed
lighting an piping ; to reduce the cost of heating
in a room; to improve the acoustics; or to produce
more aesthetically pleasing properties. |
| tax
clearance (37-1) |
The
Income Tax Act, 1961 specifies that any lease transaction
for not less that 12 years or any sale transaction,
above a prescribed transaction value limit tax, has
to undergo a clearance process from the appellate
body known as the Income tax Appropriate Authority,
constituted under the income tax act. A joint application
by the parties involved in the transaction is submitted
along with the processing fees to the Income Tax Authority
, which takes up to a maximum of three months to grant
the clearance, without which the sale transaction
is not complete. This procedure is properly known
as the 37 (I) clearance, which is the application
form number used for this purpose. |
| technology
park |
A
landscaped development usually comprising of high
specification office space as well as residential
and retail developments, designed to encourage localization
of high technology companies such as information technology
, software development etc...., thereby giving each
the benefit of economies of scale. Usually, technology
parks are located outside the inner city areas as
these are quite land intensive in nature. |
| tenancy
|
1.
Strictly speaking, the interest of a person holding
property by any right or title. 2. More usually, an
arrangement, whether by formal lease or informal agreement,
whereby the owner (the landlord) allows another (the
tenant) to take exclusive pocession of land in consideration
for rent, with or without a premium , either :
a. For an agreed period or
b. On a periodic basis until formally terminated.
|
| tenant's
improvements |
Improvements
to land or buildings to meet the needs of and carried
out wholly or partly at the expense of the tenant.
|
| town
and country planning |
The
determination of policy for the development and use
of land and the control of its implementation in urban
and rural areas by district and country planning authorities.
|
| turnover
rents |
A
rent which is calculated as a proportion of the annual
turnover of the lessee's business . Usually , it does
not fall below a base rent. More commonly used in
the USA, although in recent years being applied with
increasing frequency in the Europe and the mature
markets of Asia, especially in the case of more profitable
retail outlets. |
| uplifted
rent |
A
rent which reflects lease terms which are more beneficial
to the tenant than prevailing commercial terms , e.g.
a higher rent to reflect, say 14-yearly reviews. rather
than the more common five yearly reviews. |
| Urban
Land Ceiling and Regulation Act (ULCRA) |
A
legislation promulgated in 1976 as a social equity
measure with a view to curb profitting and hoarding
in the urban land market as well as prevent urban
congestion. Urban centers , i.e. cities were classified
into categories such as. A,B,C and a ceiling on the
maximum permissible usage on land by respective owners
was set under provisions of the act. |
| user
|
1.
The use or enjoyment of a property or of a right over
property. 2. A person who uses, enjoys right over
a property. |
| vaastu
shastra |
A
traditional Indian architecture and design system,
which specifies the detailed methodology of designing
buildings, buying lands etc. in order to maximize
benefits from the same for the occupier. This system
relies on harmonizing any real estate development
with the five elements of Indian Mythology namely,
air, water earth, fire and space. |
| valuation |
1.
The process of making an estimate of worth of real
property or other assets for a particular purpose,
e.g. letting, purchase, sale, audit, rating , compulsory
purchase or taxation. That purpose and the relevant
circumstances will determine assumptions and and facts
that are appropriate and hence the process used. 2.
A statement, usually in writing, setting out the facts,
assumptions, calculations and resultant value. 3.
Colloquially , the value arrived at as a result of
the valuation process. |
| value
|
1.
The price that an interest in property or some other
asset might reasonably be expected to fetch if disposed
of at a given time for a particular circumstances.
2. To make an estimate of the worth of a property
or the asset. |
| vertical
slice participation |
A
method of multi-participation in a property venture,
usually a development, whereby each of the participants
owns a separate legal interest in the whole of the
property concerned by way of the freehold , head lease
or a subordinate interest. The documentation normally
ensures that rental and other income and/or capital
receipts as well as the cost of any revenue or capital
liabilities are shared by the participants in predetermined
percentages related to their respective contributions,
whether financial or otherwise. |
| warehouse
|
Premises
designed and built or converted for the purpose of
bulk storage of raw materials or finished or partly
finished goods, pending either onward transit or division
into smaller batches and subsequent distribution.
|
| willing-seller-willing
buyer |
An
assumption sometimes made for valuation purposes that
the owner of the property concerned is willing to
dispose of his interest therein and that there is
a least one genuine purchaser in the market for that
interest, whether or not such is actually the case
at the date of valuation. |
| written-down
value |
At
a given time, the result of making one or more annual
of periodic deductions for depreciation against capital
cost or worth. |
| xystus
|
1.
A covered colonnade, as originally used for exercise
by Greek athletes. 2. A garden walk, usually bordered
by trees. |
| |
Give
up possession, especially by the tenant at the end
of a lease. |
| zone
|