Glossary of terms
The compulsory purchase process is full of technical jargon and can be very confusing. To assist with this the following glossary of terms may be useful.
- Compensation Code: A collective term for the principles, derived from Acts of Parliament and case law, relating to compensation for compulsory acquisition. Entry: See "Taking of Entry"
- General Vesting Declaration (GVD): A legal procedure used in connection with compulsory purchase whereby an acquiring authority, having obtained a CPO, is able to obtain possession and ownership of the land. This is a procedure for the speedy acquisition of land and normal conveyancing practice does not have to be adopted.
- Goodwill: The price which a purchaser of a business is prepared to pay, above the value of the premises and stock, for the probability that customers will continue to resort to the old place of business, or continue to deal with the firm of the same name: it is the benefit or advantage which a business has in its connection with its customers.
- Investment Property: Generally, any property purchased with the primary intention of retaining it and enjoying the total return, i.e. income and/or capital growth, over the life of the interest acquired.
- Land: Land includes buildings and structures. Existing interests and rights in land, such as freehold or leasehold together with any existing rights can be compulsorily acquiried either as a whole or in part.
- Lands Tribunal: A tribunal for England and Wales set up under the Lands Tribunal Act 1949 and proceeding in accordance with rules made by the Lord Chancellor. Its jurisdiction, amongst others, includes adjudication on disputed compensation for the compulsory acquisition of land. The tribunal comprises the Present (who must be a barrister or have held judicial office) and members who are all either legally qualified or experienced in valuation.
- Marriage Value: Latent value which is or would be released by the merger of two or more interests in land. For example, two adjoining parcels may be worth more as one property that the aggregate of their separate values. Similarly, two interests in the same property (such as freehold and the leasehold) may have a greater value when merged than the sum of their individual values.
- Mitigation of Loss: The duty of a claimant seeking compensation to take any reasonable steps open to him to reduce or avoid loss. For example, a claimant could mitigate loss by seeking a number of quotes from reputable contractors and instructing the cheapest.
- New Rights: Compulsory purchase can be used by most acquiring authorities to create and acquire new rights over land. An Example would be the creation of a right of way or a right of support.
- Noise Payment: A noise payment is available to moveable homes within 300 metres of a new or altered road who have been seriously affected by increased noise levels as a result. It is payable at the discretion of the Highway Authority.
- Notice of Entry: A notice served on the owner and occupier(s) of a property by an authority possessing compulsory purchase powers requiring possession to be given by a date prescribed in the notice. A minimum of 14 days notice must be given.
- Notice to Treat: A notice served on owners, lessees and mortgagees by an authority with compulsory purchase powers to acquire land. The notice gives particulars of the property to be acquired, demands details of the recipients interest in the land and his claim for compensation and states that the authority are willing to treat for the purchase of the land.
- Public Development: A new or altered highway, aerodrome or other public works.
- Ransom Value: The ability to obtain a high price for a small area which is key to the site being developed. For example, where your land could unlock the development potential of an adjoining site by providing the only possible access to it.
- Relevant Date:In the context of a Public Inquiry it is the date of the letter which the Confirming Minister sends to the acquiring authority and the objectors confirming that an Inquiry is to be held. This date is used to establish timetables for the Inquiry procedure.
- Statement of Case: A statement prepared by the acquiring authority which sets out full particulars of the case to be put forward at the inquiry and justifies the reasons for making the CPO.
- Statement of Reasons: Sets out the authority's reasons for seeking to acquire the land, and will accompany the CPO.
- Taking of Entry: This is the act of an acquiring authority physically entering and taking possession of a property following service of Notice to Treat and Notice of Entry.