`
`
`
`Pp> Re
`
`London and New York
`
`
`
`Also available as a printed book
`see title verso for ISBN details
`
`Karya, Exhibit 2004, Page 1 of 7
`Resmanv. Karya, IPR2021-00844
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`DICTIONARY OF PROPERTY AND
`CONSTRUCTION LAW
`
`Jack Rostron (Editor)
`Robert Hardy-Pickering
`Laura Tatham
`Linda Wright
`
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`
`Karya, Exhibit 2004, Page 1 of 7
`Resman v. Karya, IPR2021-00844
`
`

`

`DICTIONARY OF PROPERTY AND
`CONSTRUCTION LAW
`
`This dictionary provides a clear and concise explanation of the terms
`commonly used in land, property and construction law and manage-
`ment. The four key areas of coverage are; planning/construction law,
`land law, equity/trusts and finance/administration.
`
`It serves as a useful reference for property and building professionals
`and for students of property and construction law on building, housing,
`construction management, surveying and law courses.
`
`Jack Rostron MA DipLaw MRICS MRTPI is Senior Lecturer in
`Construction at Liverpool John Moores University. He is the author
`of several books and articles on property and construction law and
`sometime adviser to the World Health Organization. Linda Wright
`BA MBA is Programme Leader for Housing Studies at Liverpool John
`Moores University. She has worked extensively in housing practice
`and education. Laura Tatham BA MSc is Senior Lecturer in Law
`at Manchester Metropolitan University. Robert Hardy-Pickering
`DipLaw formerly with the State Law Office of the Government of
`Vanuatu.
`
`Karya, Exhibit 2004, Page 2 of 7
`Resman v. Karya, IPR2021-00844
`
`

`

`DICTIONARY OF PROPERTY AND
`CONSTRUCTION LAW
`
`Jack Rostron (Editor)
`Robert Hardy-Pickering
`Laura Tatham
`Linda Wright
`
`London and New York
`
`Karya, Exhibit 2004, Page 3 of 7
`Resman v. Karya, IPR2021-00844
`
`

`

`First published 2002 by Spon Press
`11 New Fetter Lane, London EC4P 4EE
`
`Simultaneously published in the USA and Canada
`by Routledge
`29 West 35th Street, New York, NY 10001
`This edition published in the Taylor & Francis e-Library, 2002.
`
`Spon Press is an imprint of the Taylor & Francis Group
`
`© 2002 Taylor & Francis
`
`All rights reserved. No part of this book may be reprinted or
`reproduced or utilised in any form or by any electronic, mechanical, or
`other means, now known or hereafter invented, including
`photocopying and recording, or in any information storage or retrieval
`system, without permission in writing from the publishers.
`
`The publishers make no representation, express or implied, with regard
`to the accuracy of the information contained in this book and cannot
`accept any legal responsibility or liability for any errors or omissions
`that may be made.
`
`British Library Cataloguing in Publication Data
`A catalogue record for this book is available from the British Library
`
`Library of Congress Cataloging in Publication Data
`A catalog record for this book has been requested
`
`(Print Edition)
`ISBN 0–419–26110–9
`ISBN 0 –419–26100–1 (hbk)
`ISBN 0-203-47905-X Master e-book ISBN
`ISBN 0-203-78729-3 (Glassbook Format)
`
`Karya, Exhibit 2004, Page 4 of 7
`Resman v. Karya, IPR2021-00844
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`

`

`PREFACE
`
`This work attempts to define and describe the words and terms in
`common usage by the property and construction community. In writing
`such a work, choices have to be made, especially in achieving a balance
`between comprehensiveness of individual entries and the number
`included. In striking this balance I have been conscious of the need to
`meet a range of potential usage.
`I am grateful to my co-authors; Robert Hardy-Pickering (land
`law), Laura Tatham (equity and trusts) and Linda Wright (finance and
`administration), for their contributions. However, any shortcomings or
`criticism are my responsibility as editor.
`I am grateful to Gower for allowing me to use material from some
`of my previous books.
`I hope the book is of sufficient detail and coverage to be of practical
`use to practitioners and students of law and the landed professions.
`
`Jack Rostron
`February 2001, Liverpool
`
`Karya, Exhibit 2004, Page 5 of 7
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`FOREWORD
`
`In the ever-changing world that we now occupy, changing terminology,
`legalese and even sleaze, force the student and practised expert to reach
`for one or more books from the ever-growing body of reference work.
`The growth in litigation, especially concerning property and construc-
`tion, has heightened the need for an awareness of the law. It is against
`this background that this concise dictionary was prepared, in the hope
`that it will provide a source of reference to the terms commonly used.
`The book defines the words and phrases which are in common usage
`in construction, land transactions, housing, planning, equity/ trusts and
`related finance and administration. In terms of the definitions for each
`word or phrase, they have been carefully written in sufficient depth to
`provide the reader with an understanding of the principal issues and
`consequences.
`Obviously, the book is modest in size. But it is essentially a reference
`handbook for students and practitioners. For this purpose the scale of
`the dictionary is one of its great virtues. Readers are not drowned in
`technical detail, as they can be when consulting traditional legal text-
`books. On the contrary, simplicity, economy and clarity are the
`hallmarks of this dictionary; and it is the combination of these qualities
`which will ensure the reader will rapidly find what they want and that
`they will not be distracted by unnecessary detail. After all, if the reader
`wishes to pursue a point further, he or she can then turn to one of the
`standard textbooks for further assistance – an action which I feel would
`prove to be exceptional.
`I congratulate the authors for its clarity and ease of use, whose
`compehensiveness belies its size and which will I believe in time
`become a standard reference for students of law, construction, and the
`landed professions, and it gives me great pleasure to commend it to
`readers.
`
`Sir Joseph Dwyer FREng,
`President of the Institution of Civil Engineers
`
`Karya, Exhibit 2004, Page 6 of 7
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`completely constituted trust
`
`company limited by guarantee A company with a constitution under
`which the liability of members is limited by the Memorandum
`of Association to amounts that they have agreed to undertake to
`contribute in the event of winding up.
`
`company limited by shares A company within which the liability
`of members is limited by the Memorandum of Association to the
`amounts paid or due to be paid for shares. This is the most usual
`form of company within the UK.
`
`company registration The requirement by the Registrar of
`Companies for certain types of companies to register and receive
`a Certificate of Incorporation recognising its legal identity.
`
`company seal Seal engraved with company’s name which is used to
`authenticate share certificates and other documents of importance
`issued by the company. The Articles of Association of the company
`will set out how and when the seal is to be fixed.
`
`company secretary An officer of the company concerned with
`keeping the company’s statutory books and supervising the admin-
`istration of its affairs. Legal duties include the submission of the
`annual return, keeping of the minute books for board and company
`meetings, maintenance of the share register and payment of the
`dividends and interest.
`
`comparables Properties that are similar in value to a particular
`property and are used as comparisons to determine the fair market
`value of a specified property.
`
`compensation Money paid under the Land Compensation Acts
`1961 and 1973, as amended, to the owner and/or occupier of
`property in compensation for curtailment or removal of their rights
`in a property, often awarded in association with compulsory
`purchase.
`
`competition Rivalry between suppliers of goods and services within
`a market.
`
`competitive market Market where goods and services are freely
`and voluntarily offered for sale by any number of willing sellers to
`any number of willing buyers at prices agreed by both parties.
`
`completely constituted trust This is a trust which has been perfectly
`created and the property has been fully and finally vested in the
`trustee to be held for the benefit of the intended beneficiaries, or a
`settler has declared himself a trustee of that property.
`
`41
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`Karya, Exhibit 2004, Page 7 of 7
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