Residential conveyancing is the legal process of buying or selling a residential property. It involves transferring the legal ownership of a property from one owner to another, and is usually carried out by a conveyancing solicitor or a licensed conveyancer. For help from Conveyancing Solicitors Cheltenham, visit Dee and Griffin
Do You Need a Conveyancer?
The law allows you to do your own conveyancing, but most people use a professional, as the process involves legal checks, contracts and deadlines that are easy to get wrong. If you are buying with a mortgage, your lender will normally require a solicitor or licensed conveyancer to act for them as well.
What a Conveyancer Does
A conveyancer checks the legal title to the property, carries out searches with the local authority and other bodies, raises enquiries with the other side, reviews the contract, handles the exchange of contracts and completion, transfers the money and registers the new owner with HM Land Registry. For buyers in England, they will also deal with Stamp Duty Land Tax.
Choosing the Right Conveyancer
Conveyancers can be solicitors or licensed conveyancers, and both are regulated. It is worth choosing an experienced firm, comparing quotes and checking reviews, as a good conveyancer can help keep your sale or purchase on track and spot problems early.
Related: What are legal searches and why are they needed?
The early stages once you instruct a conveyancer
The first step is formally instructing your conveyancer, which means agreeing to them acting for you. Make sure you understand the fees and likely extra costs before you sign, and expect to prove your identity at this stage. If you are buying, they will then go through the contract pack sent by the seller’s side: the draft contract, the title documents, any lease, the seller’s information forms about the property and its fixtures and fittings, and any building regulation or planning paperwork.
This is where restrictions, covenants, boundaries and rights of access come to light, so it pays to read their report carefully and ask about anything you do not understand. Searches run alongside, covering local planning, environmental issues and water and drainage, and if you have a mortgage the same conveyancer normally acts for the lender as well. After completion, their work continues: they pay any tax and registration fees due and make sure old mortgages and charges are formally removed from the title.
When to bring in a conveyancer, and what selling involves
Timing makes a difference. If you are selling, speak to a conveyancer as soon as your home goes on the market, rather than waiting for an offer. They can tell you what documents to gather and start preparing the contract pack, which saves weeks later. First-time buyers should instruct one as soon as an offer is accepted. Expect to provide proof of identity and to pay a sum on account to cover searches and other expenses.
Sellers also have homework. You will be asked to complete standard forms covering things such as who maintains the boundaries, whether the property has flooded, any disputes with neighbours, and exactly which fixtures and fittings are included. Answer them carefully and honestly. On the buying side, searches matter because of the ‘buyer beware’ principle: if a search would have revealed a problem and you did not carry it out, you are unlikely to have any comeback against the seller. Once contracts are exchanged, both parties are legally committed to the agreed completion date.
The searches a conveyancer carries out
Legal searches are a key part of the conveyancer’s job when buying property or land. They involve asking different bodies about anything linked to the property that could cause problems later. A local authority search checks the local land register and can reveal tree preservation orders, planned or approved developments nearby, earlier planning applications and any public right of way across the land.
The Land Registry search confirms who currently owns the property and its extent, and a lender will want to see it before releasing a mortgage. It also shows restrictions that could affect your enjoyment of the property, such as rights for utility companies to access their equipment.
Environmental searches look for issues such as landfill, flooding or contaminated land, and confirm service connections including water supply and sewerage. How long searches take varies. A new build may be quicker because its records are up to date, while an older property may have more history to check. They can feel like a delay, but they give real peace of mind.