The Legal Language of Real Estate: the origins of words and phrases
In the spirit of looking backwards in our collective post-referendum regression to bygone times, I have buried my head in a dictionary of etymology to see how the legal meanings of property-related words and phrases have evolved over the years.
It is important that lawyers use plain English with their clients, and take active steps to demystify the law at any opportunity. In doing this, looking to the original meanings of certain legal phrases often provides invaluable (and amusing!) insights.
Perhaps we should resurrect some of these historic meanings? Agents are, of course, a "natural force" each of which "produces a phenomenon" every single day. Maybe occupational licences should more regularly conjure aspirations of freedom and possibility? And could we take some creative inspiration from the the word "property" which did not always denote "something owned", but instead, something of charming peculiarity?
This is ideal reading for those of you looking to add a bit more trivia to your small-talk fact-bank:
Agent
Any natural force or substance which produces a phenomenon - from Latin - agentum - effective, powerful
Contract
A contract or agreement - to make a bargain, drawing together all agreed terms - from Latin - contractus - to draw together
Deed
An act, action, transaction, or event and later evolving to mean a written legal document in the early 14th century - from Greek - thesis - putting or placing and Proto-Indo-European - dhetis - load, burden
Develop
Unwrap, unfurl, unveil, reveal the meaning of, explain (cf envelop - to cover up, to hide). The real estate sense of develop emerged in the 1890s - from French - développer - reveal the meaning of
Fee
A sum paid for privilege - in admission of wrongdoing - from Old English - feoh - livestock, cattle, movable property, possessions - from Anglo French - fee/fief - possession, holding, domain, payment
Landlord
A surname in the 13th century, and meaning the same as it does today - one who rents land or property to a tenant - from Old English lond - "ground, soil" and hlaford - "master of a household, ruler, superior"
Lease
To take a lease, to let out - from Latin - laxere - loosen and Old French - laissier - to let go
Licence
Permission, liberty, formal authorisation - from Old French - licence - freedom, possibility
Office
A function or divine service, later evolving to mean the place from which one performs a function or divine service - from Latin - officium - service, kindness, favour
Overage
A 1945 banking term meaning the opposite of a "shortage" - a surplus amount, coined from over on the model of shortage
Plan
Drawing, sketch or diagram of any object - from the French plan - literally "plane surface" - from Latin - planum - plane, level or flat surface
Profession
Vows taken upon entering a religious order, an occupation one professes to be skilled in - from Latin - professionem - public declaration
Property
One's own special qualities and peculiarities, later evolving to mean simply a thing owned - from Old French - propriete
Structure
To pile, to place together, heap up and build. Assemble, arrange, make by joining together - from Latin - structus
Tenant
To hold, to keep, to grasp - the tenant holds its estate in the land - from Latin - tenere
For more information...
I hope you enjoyed this little distraction - and thank you for reading.
Get in touch any time if you would like to know more about our regular efforts to demystify the law, and use plain English in our reports and documents (Alexa Culver at Ashfords LLP).
You might also like this website, (Plain English Campaign) which has a downloadable Drivel Detector, (and a Gobbledegook Generator just in case you are struggling to come up with your own meaningless business jargon.)
References: Chambers Online Dictionary (https://www.chambers.co.uk/search.php) and (www.etymologyonline.com)