Property and Conveyancing Solicitors
If you are planning to sell or buy a property, you will need to know about the conveyancing process and how long it may take to legally transfer the property. Even if you own or have bought a property in the past, learning about this process can help speed up property transactions and to some extent, minimise the costs.
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What is conveyancing?
Conveyancing can be defined as the legal transfer of property from one party to another. It is designed to ensure that you get what you paid for. It is a complex process with many tasks and that’s why property solicitors and conveyancers are available to act on behalf of their clients. The conveyancing process ascertains that you legally own the property you are buying.
Who performs conveyancing?
There are two types of professionals that can do conveyancing:
- A licensed conveyancer
- A conveyancing solicitor
The difference between the two is that the solicitor can work in all law fields, but choose to focus on property law. On the other hand, a licensed conveyancer specialises in the property as they are only qualified in this field. However, both can handle conveyancing just fine.
What is the conveyancing process?
There are a wide array of tasks that a conveyancer handles. While you may want to chase them to learn more about your move’s status, they will usually be waiting for feedback from another source such as the mortgage lender or the Land Registry. Nowadays, you will come across some conveyancers that offer an application where you can track the processes without having to constantly ask them for updates.
- First and foremost, the conveyancer will ask for the right paperwork from you. This includes bank details, information regarding the property as well as proof of identification.
- Next, they will liaise with the property seller’s solicitor to seek a contract pack.
- Third, they will work with the mortgage provider seeking a copy of a loan offer.
- They will then conduct the necessary local authority searches relating to the property. These are provided by the Local Authority and will tell information such as if there are issues with the land if there’s upcoming construction work in the area if it is near a chemical plant, etc. The conveyancer will analyse this information to check if there’s anything that may affect the value of the property.
In some situations, you may need to seek additional insurance against some things discovered during the search.
- The professional will arrange possible completion dates with both parties to ensure you are all working towards the same goal.
- Once the contract is signed, you’ll send your deposit to your conveyancer which will then be sent to the other party.
- Next, they will prepare a completion statement followed by transferring deeds to complete and then send them to the seller’s conveyancer.
- Once complete, the conveyancer will request the loan from your lender and send the purchase balance to the seller.
- When the sale is complete, the conveyancer or property solicitor will file a tax return and pay the necessary Stamp Duty to HM Revenue and Customs. Next the professional will send documents showcasing the transfer of ownership to the Land Registry in order to update their details. Finally, they will forward the title deed to the mortgage provider.
The Takeaway
There is so much that goes on during conveyancing, much of which is not always visible to the seller or buyer. It entails background interactions between the mortgage lenders, local authorities, land registry, as well as the other party’s conveyancing team to ensure everything is done properly. There are situations relating to property boundary issues where a solicitor may also need to provide alternative dispute resolution services. So, when you are selling or buying property, it is important to take conveyancing seriously and have the right team by your side. Conveyancers can also be called upon for guidance related to estate planning matters.
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